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THE PUBLIC HEALTH (LONDON) ACT,
1891.

Digitized by the Internet Arch ivd
in 2014

https://archive.org/details/b20417615

THE

PUBLIC HEALTH (London) ACT,

1891,

WITH FULL EXPLANATORY NOTES

COMPARATIVE TABLES OF SECTIONS OF REPEALED
ACTS AND EXISTING ENACTMENTS.

APPENDIX

CONTAINING THE ENACTMENTS APPLIED AND THE ORDERS'
AND MODEL BYE-LAWS OF THE LOCAL GOVERNMENT BOARD

AND A

COPIOUS INDEjt

E. LEWIS THOMAS, M.A., LL.M.,

OF Lincoln's inn and the midland circuit, barrister-at-law.

LONDON:

KNIGHT AND CO., 90, FLEET STREET,

1891.

=1/

WELLCOME INSTITUTE

LIBRARY

Coll

\we'MOmec

Call
No.

PREFACE.

The Public Health (London) Act, 1891, which re-
ceived the Royal Assent, on the 5 th August, 1891,
provides for London a Sanitary Code similar to that
which in 1875 was provided for the rest of England
and Wales by the provisions of the Public Health Act,
1875. Since the year 1875, several attempts have been
made to codify the Sanitary Enactments in force in
London ; in 1877, a Bill with that object was intro-
duced into the House of Commons by Lord Basing
(then Mr. Sclater-Booth), the President of the Local
Government Board ; a similar Bill was introduced into
the House of Lords in 1885 by the Marquis of Salisbury.
Both these attempts to deal with the matter were un-
successful, and it was not until 1891 that there was
accomplished for sanitary administration in London
what had been done sixteen years before for the re-
mainder of the country.

The Public Health (London) Act, 1891, is not only
a codifying Act, but also an amending Act. It is the
result of the consolidation, by the Standing Committee
on Law, of two Bills introduced into the House of
Commons by Mr. Ritchie, the President of the Local
Government Board. The first Bill was a Bill to amend
the law as it then was, the second Bill was to codify
and consolidate the then existing enactments. The
second Bill repealed and re-enacted more than thirty
Acts, or portions of Acts, which applied to London,
and which were variously known as the Nuisances
Removal Acts, the Sanitary Acts, the Metropolis

Preface.

Management Acts, the Police Acts, Smoke Acts,
Michael Angelo Taylor's Act, &c.

The Act applies to the whole of the Administrative
County of London, as defined by the Local Govern-
ment Act, 1888, the City of London being in the same
position as other sanitary districts within the Metro-
polis, except in some few instances (as appeals to the
County Council, and the intervention of the County
Council in the case of non-performance of its duty by
a Sanitary Authority). In the case of Woolwich, in
which the Sanitary Authority is the Local Board of
Health, the old Public Health Acts (although repealed
generally) still applied ; these are now repealed entirely,
and certain necessary provisions of the Public Health
Act, 1875, are extended to Woolwich, and the sanitary
provisions of the Metropolis Management Act, 1855,
which are repealed by and re-enacted in the Public
Health (London) Act, 1891, are extended by the latter
Act to Woolwich.

The only Acts of a sanitary nature, besides the
Housing of the Working Classes Act, 1890, which
applied to London, and are not dealt with in the Public
Health (London) Act, 1891, are the Common Lodging
Houses Acts, 185 1 and 1853.

The various amendments in the law effected by the
Act, are pointed out in the notes to the several sections
where they occur. The principal alterations are the
express declaration in the Act of the duty of the Sani-
tary Authority to enforce the law in their district ; the
assimilation of procedure for the abatement, &c. of
nuisances to the procedure under the Metropolis Man-
agement Act, 1885, thus enabling legal proceedings for
neglect of the Sanitary Authority's notices and orders
to be more speedily taken, and a fine to be imposed
for such neglect; the power to make bye-laws for
various purposes ; the transfer (from the owner or occu-
pier of the adjacent premises) to the Sanitary Authority
of the duty of keeping side walks cleaned.

The plan of giving the notes to each section of the

Preface.

vii

Act immediately following the words of the section has
been adopted, as the one which experience has shown
to be the most convenient. The section has, in each
case, been printed in its entirety, and the notes have
not been interspersed after the various sub-sections, as
it often occurs that in such arrangement, in reading a
note to a sub-section, the reader forgets the remaining
sub-sections of the section, and is under the impression
that the whole section has been read, or fails to note
that the various sub-sections are governed or limited by
the introductory words at the beginning of the section.

A comparative table of the repealed enactments, and
the sections of the Public Health Act, 1875, which
correspond to the various sections of the Public Health
(London) Act, 1891, has been prepared, which it is
hoped will be found useful to those engaged in the
administration of the Act, who, having become familiar
with the sections of the repealed Acts, will be enabled
readily to find the similar provisions in the existing
Act.

The index, which has been prepared by Mr. Ernest
Gardner, Barrister-at-Law, of Lincoln's Inn, will be
found most exhaustive, and serve as a ready means of
reference to the provisions of the Act. In the table of
cases cited are given references to all the reports, where
such cases will be found reported ; this plan has been
adopted to avoid repeating each time a case is cited
in the text all the references to the case.

I have to thank my friend, Mr. Walter C. Ryde,
Barrister-at-Law, for undertaking the labour of revising
the proof sheets, and for many valuable suggestions
while the book was passing through the press.

E. LEWIS THOMAS.

4, Elm Court,

Temple, E.C.

CONTENTS.

€09

PAGE

Preface v

Comparative Table of Sections of Acts Repealed, and of
THE ** Public Health Act, 1875," corresponding to
Section of the "Public Health (London) Act, 1891 " xvii

Cases Cited , xxv

Statutes Cited . . xxxv

THE PUBLIC HEALTH (LONDON) ACT, 1891.

SECTION

1. Sanitary Authority to inspect District for detection of Nuisances. l

Nuisances (General).

2. What Nuisances may be abated summarily 2

3. Information of Nuisances to Sanitary Authority . . . .14

4. Notice requiring abatement of Nuisance 14

5. On non-compliance with Notice, Order to be made . . .21

6. Provision as to Appeal against Order 24

7. Provision in case of Two Convictions for Overcrowding . . 26

8. In certain Cases Order may be addressed to Sanitary Authority . 27

9. Power to sell Manure, &c 27

10. Power of Entry 28

11. Costs of Execution of Provisions relating to Nuisances . . 29

12. Power of Individual to complain to Justice of Nuisance . . 32

13. Proceedings in High Court for abatement of Nuisances . -33

14. Power to proceed where cause of Nuisance arises without District 34

15. Penalty for injuring Closet, &c., so as to cause a Nuisance . . 35

Penalties in Respect of Particular Nuisances.

16. Bye-Laws by Sanitary Authority and County Council as to Cleans-

ing Streets and Prevention of Nuisances . . . .36

17. Penalty for keeping Swine in Unfit Place . . . . .40

18. Power to prohibit keeping of Animals in Unfit Place . . .40

Contents.

Offensive Trades.

SBCTION PAGE

19. Prohibition and Regulation of Establishing anew certain Offensive

Businesses, and Bye-Laws as to Offensive Businesses . . 41

20. Licensing of Cow-houses and Slaughter-houses . . . -45

21. Duty of Sanitary Authority to complain to Justice of Nuisance

arising from Offensive Trade 48

22. Provision as to Nuisance created by Sanitary Authority in dealing

with Refuse 50

« . - . .. „ •

Smoke Consumption.

23. Furnaces and Steam Vessels to Consume their own Smoke . 52

24. Summary Proceedings for abatement of Nuisance caused by Smoke 54

Workshops and Bakehouses.

25. Limewashing and Washing of Workshops . . . . . 56

26. Enactments respecting Bakehouses . ... . . .57

27. Notice to Factory Inspector respecting Child or Woman in

. Workshop . . .

Dairies.

28. Orders and Regulations for Dairies 5^

Removal OF Refuse.

29. Duty of Sanitary Authority to Clean Streets . . . . 60

30. Removal of House Refuse 62

31. Sanitary Authority to appoint Scavengers 63

32. Disposal of Refuse 64

33. Owners, &c., to pay for Removal of Refuse of Trades . . 64

34. Provision on neglect of Scavengers to remove Dust . . .66

35. Removal of Filth on Requisition of Sanitary Inspector . . 67

36. Removal of Refuse from Stables, Cow-houses, &c. . . .68

Regulations as to Water-Closets. &c.

37. Obligation to provide Water-Closets, &c. . . . . .69

38. Sanitary Conveniences for Manufactories, &c. . . . .72

39. Bye- Laws as to Water-Closets, &c 73

40. Power for Sanitary Authority to authorize Examination of Water-

Closets, &c. . . . . . ... . -74

41. Penalty on Persons improperly Making or Altering Water-

Closets, &c 75

42. Improper Construction or Repair of Water-Closet or Drain . 77

43. Sanitary Authority to cause Offensive Ditches, Drains, &c., to

be Cleansed or Covered . 78

44. Power to Sanitary Authority to provide Public Conveniences . 80

45. Regulations as to Public Sanitary Conveniences . . . .84

46. Sanitary Conveniences used in Common . . . . .85

Contents. xi

Unsound Food.

SECTION PAGE

47. Inspection and Destruction of Unsound Meat, &c. . , . .86

Provisions as to Water.

48. Provisions as to House without Proper Water Supply . .91

49. Notice to Sanitary Authority of Water Supply being Cut Off . 92

50. Cleansing of Cisterns 93

51. Power of Sanitary Authority as to Public Fountains . . . 94

52. Penalty for causing Water to be Corrupted by Gas Washings . 95

53. Penalty for Fouling Water 96

54. Power to close Polluted Wells, &c 97

Infectious Diseases. — Notification.

55. Notification of Infectious Disease 97

56. Power of Sanitary Authority to add to Number of Infectious

Diseases of which Notification is required .... loi

57. Non-Disqualification of Medical Officer by Receipt of Fees . 102

Infectious Diseases. — Prevention.

58. Application of Special Provisions to Certain Infectious Diseases 102

59. Provision of Means for Disinfecting of Bedding, &c. . . 103

60. Cleansing and Disinfecting of Premises, &c 104

61. Disinfection of Bedding, &c 107

62. Infectious Rubbish thrown into Ashpits, &c., to be Disinfected. 107

63. Penalty on Letting Houses in which Infected Persons have been

Lodging .......... 108

64. Penalty on Persons Letting Houses making False Statements as

to Infectious Disease 109

65. Penalty on ceasing to Occupy House without Disinfection or

Notice to Owner, or making False Answer . . . .110

66. Removal to Hospital of Infected Persons without Proper Lodging ill

67. Detention of Infected Person without Proper Lodging in Hospital 112

68. Penalty on Exposure of Infected Persons and Things . . 113

69. Prohibition on Infected Person carrying on Business . . .114

70. Prohibition on Conveyance of Infected Person in Public Con-

veyance . . . . 115

71. Inspection of Dairies, and Power to Prohibit Supply of Milk . 116

72. Prohibition of Retention of Dead Body in certain Cases . .118

73. Body of Person dying of Infectious Disease in Hospital, &c.,

to be removed only for Burial 119

74. Disinfection of Public Conveyances if used for carrying Corpses 120

Hospitals and Ambulances.

75. Power of Sanitary Authority to provide Hospitals . . . I2I

76. Recovery of Cost of Maintenance of Non- Infectious Patient in

Hospital . . . .122

77. Power to provide Temporary Suppy of Medicine . . . 123

78. Provision of Conveyance for Infected Persons . . . .123

xii

Contents.

SECTION PAGE

79. Power for Metropolitan Asylum Board to provide Landing-

Places, Vessels, Ambulances, &c 1 24

80. Reception of Non-Pauper Fever and Small-Pox Patients into

Hospital in Metropolitan District 125

81. Reception into Hospital in Metropolitan District of Child from

School outside London .126

Prevention of Epidemic Diseases.

82. Sanitary Authority to execute Epidemic Regulations . .127

83. Poor-Law Medical Officers entitled to Costs of Attendance on

board Vessels 128

84. Local Government Board may combine Sanitary Authorities . 129

85. Metropolitan Asylum Managers a Sanitary Authority for Preven-

tion of Epidemic Diseases .129

86. Power to Let Hospitals, &c 130

87. Repayment to Sanitary Authorities of certain Expenses . .130

Mortuaries, &c.

88. Power of Local Authority to provide Mortuaries . . -131

89. Power of Justice in certain Cases to Order removal of Dead

Body to Mortuary 132

90. Power of Sanitary Authority to provide Places for Post-Mortem

Examinations , . . . . . . . .134

91. Power to Sanitary Authority to unite for providing Mortuary . 134

92. Place for holding Inquests 135

93. Mortuary for unidentified Bodies . . . . . .135

Bye-Laws as to Houses Let in Lodgings.

94. Power of Sanitary Authority to make Bye- Laws as to Lodging-

Houses 136

Tents and Vans.

95. Tents and Vans used for Human Habitation . . . .141

Underground Rooms.

96. Provisions as to the Occupation of Underground Rooms as

Dwellings .......... 142

97. Enforcement of Provisions as to Underground Rooms . .146

98. Provision in Case of Two Convictions for Unlav/fully Occupying

Underground Room 147

Authorities for Execution of Act.

99. Definition of Sanitary Authority 147

100. Power of County Council to Prosecute on Default of Sanitary

Authority 149

101. Proceedings on Complaint to Local Government Board of

default of Sanitary Authority 150

Contents. xiii

SECTION PAGE

102. Application of Public Health Acts to Woolwich . . .153

103. Expenses of Execution of Act 154

104. Expenses of Metropolitan Asylum Board . . «. . 155
IP5. Power of Vestries and District Boards to Borrow . . .156

106. Appointment of Medical Officers of Health . . . .158

107. Appointment of Sanitary Inspectors . . . , . 160

108. Provisions as to Medical Officers and Sanitary Inspectors . 162

109. Temporary Arrangement for Duties of Medical Officer or Sani-

tary Inspector .... .... 165

no. Jurisdiction as to Ships 166

Port Sanitary Authority of Port of London.

111. Port Sanitary Authority of Port of London . . . .167

112. Powers of Port Sanitary Authority of Port of London . .168

Application of Public Health Acts as to Cholera, &c.

113. Powers vof /i<9^al Government Board as to Epidemic Diseases . 169

Bye-Laws.

114. Bye-Laws . , . . 170

Legal Proceedings.

115. General Provisions as to Powers of Entry . . . .171

116. Penalty on Obstructing Execution of Act . . . .174

117. Summary Proceedings for Offences, Expenses, &c. . . .175

118. Evidence by Defendant 177

119. Application of Fines and Disposal of Things Forfeited . . 177

120. Proceedings in certain Cases against Nuisances . . .178

121. Recovery of Expenses by Sanitary Authority from Owner or

Occupier 180

122. Justice to Act though Member of Sanitary Authority or liable

to Contribute 181

123. Appearance of Sanitary Authority in Legal Proceedings . .184

124. Protection of Sanitary Authority and their Officers from per-

sonal Liability . . 184

Appeal.

125. Appeal to Quarter Sessions . . . . . . .185

126. Provisions as to Appeals to County Council . . . .188

Notices.

127. Authentication of Notices, &c 189

128. Service of Notices 190

Miscellaneous Provisions.

129. Inquiries by Local Government Board 191

130. Forms 191

xiv Contents.

SECTION PACE

131. Provision for Apportionment of certain Expenses between

. Hamlet of Penge and remainder of Lewisham District . . 191

132. Extent of Act . . . 192

City of London.

133. Application of Act to City 193

134. Power of City Police to Proceed in certain Cases against Nuis-

ances . . . . . . 194

135. Proceedings on Complaint to Local Government Board of

Default of Commissioners of Sewers 195

Saving Clauses.

136. Saving for Water Rights 197

137. Saving for Thames Conservators 199

138. Powers of Act to be Cumulative . . . . . . 200

Temporary Provisions.

139. Existing Officers 200

140. Term of Office of existing Members of Woolwich Board . 202

Interpretation.

141. Interpretation of Terms 202

Repeal.

142. Repeal of Enactments in Schedule ... . . 208

143. Commencement of Act . 211

144. wShort Title . . . 211

Schedules.

I. Enactments Applied 213

II. Provisions of Public Health Acts extended to Woolwich . . 220

III. Forms . . . . . • ' ' ' * •

IV. Enactments Repealed . . • 227

APPENDIX.

The Metropolis Local Management Act, 1855 . . . . 233

Schedules • • -245

The Lands Clauses Consolidation Act, 1845, ss. 25-37 . . . 248

The Lands Clauses Consolidation Act, 1869 . . . ., . 250^

The Local Government Act, 1888, ss. 17, 19 . . . . 251

The Sanitary Act, 1866, ss. 51, 52. . . . . . .252

The Public Health Act, 1872, ss. 34-36. .... 253

The Factory and Workshop Act, 1878 . . . • • 254

Contents. xv

PAGE

The Factory and Workshop Act, 1883, ss. 15-18 .... 264

The Factory and Workshop Act, 1891 266

Dairies, Cowsheds and Milk-shops Order, 1885 . . . .271
Dairies, Cowsheds and Milk-shops Amending Order, 1886 . . 278

Regulations as to Medical Officers of Health 284

Precautions against Cholera, 1885 292

Cholera Regulations for Ports, 1890 . . . . . . 298

Model Bye-laws for Houses Let in Lodgings 303

Model Byelaws for Mortuaries .319

Index . 327

I
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COMPARATIVE TABLE OF SECTIONS OF ACTS RE-
PEALED/AND OF THE "PUBLIC HEALTH ACT,
1875," CORRESPONDING TO SECTIONS OF THE
"PUBLIC HEALTH (LONDON) ACT, 1891."

Sections of former Acts
repealed.

Section of Public
Health (London)
Act, 1891.

Remarks.

Section of Public
Health Act,
1875.

26 Geo. 3 c. 71

20.

(M. A. Taylor's Act. )
57 Geo. 3" c. xxix. s. 57
59
60, 61
63
64
67
68
73, 74

41.

29, 3o» 31, 32.

34.

29.

16.

17-19, 21.

17-
16.

Repealed by 1891 Act

41.

44.

47.
44.

(Metropolitan Police
Act.)

2 & 3 Vict. c. 47. s. 60

16, 17, 29.

47.

(Slaughter Houses)
7 & 8 Vict. c. 87

20.

(Smoke.)
16 & 17 Vict. c. 128. ss.
1-6

23.

/"Oicipat^pc: Prpvpnf inn ^

18 «& 19 Vict. c. 116.S. I
4

5, 6, 7
8, 9
10

12
14
15

82.
82.

113-

83-

113-

117, 127, 128.

Short title.

Omitted, on prece-
dent of Public
Health Act, 1875

137-

134, 135.
136.

134.
138.
140.

^Metropolis Manage-
ment, 1855.)
iS&igVict. c. 120. s. 81

.82
- 83
84

37-
40.
41.
40.

35-38.
40, 41.
41.

40, 41.

xviii Table of Sections of Acts Repealed.

Sections of former Acts
repealed.

Section of Public
Health (London)
Act, 1891.

Remarks.

Section of Public
Health Act,
1875.

(Metropolis Manage-

ment, i85S')

100C19 Vict.c. 120. s. 03

43*

00
00

44.

...

39-

103

96.

...

71-74-

104

97.

116

51-

...

64.

117

29.

31, 29'

126

116.

127

32.

128, 129

33- „

132

106, 108, 139.

J J

107, 108, 130.

198

106.

202

16.

44.

211

37, 41, 43,

...

35-38, 41-

126.

(Nuisances Removal,

1855.)

i8 & 19 Vict. c. 121. s. I

...

Repeal 01 lormer Acts.

141.

Inapplicable.

99, 123.

200.

91.

93-

1 1

10, 40, 115.

40, 4', 102.

12, 13, 14

95-98.

15, 16

6, 125.

99.

Q
0.

100.

lOI.

II.

...

104.

117.

21, 22

43-

AS
DO.

23-25

52.

...

21.

, " ■ " ' t

114.

Omitted, on precedent

01 xUDiic Jtieaiin

Act, 1075.

13, 21.

107, 114.

128.

267.

127.

—

200

33-35

120.

255.

115, lio-

...

103, 30"'

no.

306.

117, 119.

...

255, 262.

Unnecessary.

125.

269.

130.

317.

124.

265.

138.

341.

44, 45

136.

332, 334-

Short title

Table of

Sections

OF Acts Repealed, xix

Sections of former Acts
repealed.

Section of Public
Mealtn (Lionaon;
Act, 1891.

Remarks.

Section of Public
Mealth Act,
1875.

(Smoke Abatement.)

19 & 20 Vict. c. 107. ss.

23-

1-3

(Nuisances Removal

and Diseases Preven-

tion.)

23 & 24 Vict. c. 77' ^

...

Repeal ot lormer en-

actments.

99.

103.

99.

99, 103.

51-

04.

53-

107, 108.

Repeal of certain en-

actments.

99, 103-

78.

12.

123.

Omitted.

105.

141.

Interpretation.

(Metropolis Manage-

ment. )

25 &26 Vict. c. 102. s. 43

100.

96, 97-

71-74.

37- 41, 43-

...

35-38, 41

48.

51-

64.

34.

17, i8.

47-

93, 94

20.

105

119.

(Nuisance Removal.)

26 & 27 Vict. c. 1 1 7. s. 2

47-

116, 117.

115-

118.

4, 5

Construction and short

title of Act.

(Nuisance Removal.)

29 & 30 Vict. c. 41. s. 2

122.

...

Short title.

258.

(banitary.)

29 & 30 Vict. c. 90* ss.

These sections did not

1-13

apply to London.

Interpretation and

Construction of

T C

Act.

15, 16

100, 134.

106.

99.

21.

114.

2, 24.

XX Table of Sections of Acts Repealed.

o6ctions oi former iVcts
repealed.

Section of Public
Health (London)
Act, 1891.

Remarks.

Section of Public
Health Act,
1875.

(Sanitary.)

29 & 30 Vict. c. 90. s. 20

I, 10, 23.

92, 102.

...

94.

59. 61.

122.

78.

123.

70, 74.

...

126, 127.

66.

124.

88, 89.

...

141, 142.

90.

...

143-

66, 67.

125.

no.

10.

102.

no. .

no.

Did not apply to

London.

104.

121.

90.

94.

75, 109-

7, 98.

...

131-

75.

126, 127.

68, 70, 74.

128.

63.

139-

84. ^

These sections did not

42-44

116.

apply to London.

307-

46, 47

These sections did not

apply to London.

123.

259-

loi, 135-

299.

Did not apply to

London.

142.

Sch. V. Pt. iii.

113, 142.

Sch. V. Pt. iii.

36.

50-

117.

138.

341-

(Sanitary. )

31 & 32 Vict. c. 115. ss.

...

Short title and extent

I, 2

of Act.

3-7

X nesc scLLioiib uiu. ij.ul

apply to London.

loi, 135-

300.

Unnecessary.

77-

133.

Interpretation.

(Sanitary Loans.)

Short title, extent, and

32 & 33 Vict. c. 100. ss.

1-3

intepretation.

4-10

loi, 135-

294, 299, 301,

302.

(Sanitary.)

33 & 34 Vict. c. 53. s. i

Short title.

66.

3. 4

Inapplicable.

Table of

Sections

OF Acts Repealed, xxi

Sections of former Acts
repealed.

Section of Public
Health (London)
Act, 1891.

Remarks.

(Public Health.)

35 & 36 Vict. c. 79. ss.

Short title and extent

I, 2

of Act.

3-19

Repealed, except as to

Woolwich.

Ill, 112.

...

21-50

...

Repealed, except as to

Woolwich.

t;Q-6i.

113.

53-58

...

Repealed, except as to

Woolwich.

Unnecessary.

141.

Definitions.

(Slaughter-nouses. )

3/ & 30 Vict. c. 07. s. I

...

Short title.

2-4

19.

19, 117.

125.

7,8

114.

19.

20.

r; 12

19, 141.

19.

Continuance of exist-

ing bye-laws.

19.

138.

(banitary. )

37 & 38 Vict. c. 89. ss.

Repealed, except as to

1-18

Woolwich.

100, 134.

102, 135.

21-46

Repealed, except as to

Woolwich.

94.

48, 49

...

Repealed, except as to

Woolwich.

66.

59-61, 113.

12.

47.

37 « 38 Vict. c. 89. s. 55

115-

64.

57-59

Interpretation, extent,

and short title.

(Public Health.)

38&39Vict.c. 55. s. 108

14.

115

21.

291

III.

(Contagious Diseases,

Animals.)

41 & 42 Vict. c. 74, s.

28.

34. •

Section of Public
Health Act,
1875.

287, 289, 291^
325.

121.
130-

106.
299.

90.

6i.
124.
130.
105.

116, 117.

119.

129.

xxii Table of

Sections

OF Acts Repealed.

Sections of fornier A.cts
repealed.

Section of Public
Health (London)
Act.

Remarks.

Section of Public
Health Act,
1875.

(Poor Law, 1879.)
42&43Vict.c. 54. s. 15.

76.

79, 104.

(Diseases Prevention.)

46 & 47 Vict. c. 35. s. I
2
3
4
5
6

lo, 12
13

(Factory and Work-
shop. )
46 & 47 Vict. c. 53,
s. 17 (I)
17 (2)

85.
86.

87, 104.

105.

79.

80.

112.

85.

26.
27.

Short title.

Unnecessary.
Duration of Act.

(Metropolitan Asylum. )
47 & 48 Vict. c.60. s. I
2

104.

Short title.

(Housing Working
Classes. )
48 & 49 Vict. c. 72. s. 7
9

9S» 115.

(Contagious Disease,
Animals. )
49 & 50 Vict. c. 32, s. 9.

28.

(Local Government Act,
1888. Public Health.)
51 & 52 Vict. C.41.S. 45.

20.

106, 108, 109,
139-

(Poor Law Act, 1889.)

52 & 53 Vict. c. 56. s. 3
6
7

(Sanitary.)
52 & 53 Vict. c. 64. s. 1,2

80.

79-
104.

113-

(Notification of Dis-
ease.)

52 & 53 Vict. c. 72. s. 2
7

10
II
12

13
16

55, 56, 57.

56.

55-

57.

99, 100, 102,

134.
55, 90.
99.

Table of Sections of Acts Repealed, xxiii

Sections of former Acts
repealed.

Section of Public
Health (London)
Act, 1891.

Remarks.

Section of Public
Health Act,
1875.

(Infectious Disease.)

K'i & 'id. Vict. C. ^4.. ss.

k8. 60-62, 61;,

6*7 71—74.-

80.

61.

7^>

71.

89.

74.

I"?, 14.

62.

71 80. 116.

4, i8, 24

71, 119.

(County Council.)

53 & 54 Vict. c. ccxiiii.

S. 22

105.

CASES CITED.

PAGE

Acton (Local Board for) v. Lewsey (1886), 11 App. Cas. 93;

55 LJ. Q.B. 404 ; 54 L.T. 657 ; 34 W.R. 745 5 5o J-P- 708 . 19

Adamson, Hildreth v 95

Akroyd, Barnes i7j 54> 55

Aldridge v. Feme (1886), 17 Q.B.D. 212 ; 55 L.J. Q.B. 587 ;

34 W.R. 578 . . .181

Amys V. Creed (1868), L.R. 4, Q.B. 122 22

Angell V. Paddington Vestry (1868), L.R. 3, Q.B. 714; 37 L.J.

MX. 171 ; 16 W.R. 1 167; 9 B. & S. 496 . . . .207

Archibald, Smith v 95

Ashwell, Reg. v 216

Attorney-General z/. Clerken well (189 1 ), W.N. 152 ... 77
Attorney-General Logan (1891), 2 Q.B. 100 ... 13, 34
Avery v. Wood (1891), 65 L.T. (N.S.) 122 96

Bacup, Corporation of v. Smith (1890), 44 Ch. Div. 395 ; 59 L.J.

Ch. 518 ; 63 L.T. 195 ; 38 W.R. 697 208

Ballard v. Tomlinson (1885), 29 Ch. D. 115; 54 L.J. Ch. 454;

52 L.T. 942 ; 33 W.R. 533 ; 49 J.P. 692 . . . . 198
Banbury Sanitary Authority v. Page (1881), 8 Q.B.D. 97 ; 51 L.J.

M.C. 21 ; 45 L.T. 759 ; 30 W.R. 415 j 46 J.P. 184 . . 4. 4°
Barker, Harding z/. . . . . . . . . -175

Barlow v. Terrett (1891), 2 Q.B. 107 90

Barnes v. Akroyd (1872), L.R. 7, Q.B. 474; 41 L.J. M.C. no;

26 L.T. 692 ; 20 W.R. 671 17, 54? 55

Barnes v. Eddlestone (1876), i Ex. D. 102 ; 45 L.J. M.C. 162 ;

33 L.T. 822 210

Barnes, Eddlestone z^. (1875) 24

Barnes, Norris v 55

Bassett ex parte. In re Ham Local Board (1857), 7 E. & B. 280 ; 26

L.J. M.C. 64 ; 3 Jur. 136 ; 28 L.T. (O.S.) 267 ; 21 J.P. 85 24, 174
Batchelor v. Bigger (1889), W.N. 52 ; 60 L.T. 416 . . .181

Baylis, Bradley v 138

Beaumont, Roots z; . . . .139

Beckett v. Corporation of Leeds (1871), L.R. 7, Ch. 421 ; 26 L.T.

375 ; 20 W.R. 454 82

Benham, Tod-Heatley z/. ... .... 121

Benjamin v. Storr (1874), L.R. 9, CP. 400; 43 L.J. CP. 162;

30 L.T. 362 ; 22 W.R. 631 .13

Bentley v. Rotherham Local Board (1876), 4 Ch. D. 588 ; 46 L.J.

Ch. 284 137

Beresford-Hope v. Lady Sandhurst (1889), 23 Q.B.D., at p. 88, 58

L.J. Q.B. 316; 61 L.T. 150 J 37 W.R. 548; 53 J.P. 805;

5T.L.R. 472 (CA.) 66

Bermondsey Vestry v. Ramsey (1871), L.R. 6, CP. 247 ; 40 L.J.

CP. 206; 24 L.T. 429 ; 19 W.R. 774 .... 32,180

Bestz/. Stapp (1872) 2 C.P.D. 191;^ 114

Bickley, Small z/ \ . . 29, 89, 90, 112, 175

xxvi Cases Cited.

PAGE

Biddulph V. St. George, Hanover Square (1864), 3 De.G. J. & S. 493 ;

33 LJ. Ch. 411 ; 9 Jur. N.S. 434; 8 L.T. 44 ; 11 W.R. 524 13, 81

Bigger, Batchelor v 1 81

Birmingham, &c. , Gas Light Company, Hipkins v. . . . .96
Bishop Auckland Iron Company, Bishop Auckland L. B. v. . • 4, 6
Bishop Auckland L. B. v. Bishop Auckland Iron Co. {1882), 10

Q.B.D. 138 ; 52 L.J. M.C. 38 ; 48 L.T. 223 ; 31 W.R. 288 ;

47 J- 389 4» 6

Bishop, Great Western Railway v 4

Bisshopp, Tunbridge Well's Local Board v 1 14

Bland, Leadgate Local Board v 94

Bliss, Dean of Ely v 210

Blything (Guardians of) v. Warton (1863), 32 L.J. M.C. 132 ; 3 B & S.

352; 9 Jur. N. S. 867 ; 7 L.T. 672; II W.R. 306 ... 30
Bowles, Guardians of Hendon v. . . . . . . 18, 179

Boyton, Braintree Local Board v 44

Bradley v. Baylis (1881), 8 Q.B.D. 195 ; 51 L.J. Q.B. 183; 46 L.T.

253 ; 30 W.R. 823 ; 45 J.P. 847 ; I Colt 863 (C.A.) . . 138
Bradley, Burton v. ......... 90

Braintree Local Board v Boyton (1885), 52 L.T. (N.S.) 99 ; 48 J.P.

582 44

Brand, Hammersmith Railway Company 138

Bridge, Reg. z^. ........ . 63, 66

Bridle, Torquay Local Board v 39

British, &c.. Steam Navigation Company, General Steam, &c., Com-
pany z/. .......... . 167

Broadbent, Langdon v 138

Brown v. Bussell (1868), L.R. 3 Q.B. 251 ; 37 L.J. M.C. 65 ; 18

L.T. (N.S.) 19 ; 16 W.R. 511 ; 32 J.P. 196 j 9 B. & S. i 17, 179
Brown, Richardson v. ........ . 207

Burnett, Reg. v 113

Burnley Union, Heap v. ........ 37

Burton v. Bradley, 51 J.P. 118 90

Bussell, Brown z/. ......... 17, 179

Caiger v. St. Mary, Islington Vestry (188 1), 50 L.J. M.C. 59; 44

L.T. 60s ; 29 W.R. 538 ; 45 J.P. 570 207

Cadby, Gay z^. .......... 65

Cardiff Manure Company z'. Cardiff Union (1890), 54 J.P. 661 . 43

Cardiff Union, Cardiff Manure Company v 43

Cardwell, Cocker v. ....... . 23, 33

Card well v. New Quay Local Board, 39 J.P. 742. . . -44
Carr, Mallinson v. ....... . .90

Champneys, Fitzgerald v 210

Charlton, Coverdale v 83, 205

Chasemore v. Richards, 7 H.L. Cas. 349 ; 5 Jur. N.S. 873 ; 29 L.J.

Exch. 81 ; 26 L.J. Exch. 393, and Exch. Cham. 2 H. & N.

168 ; 3 Jur. N.S. 984 198

Chester, Bishop of, Reg. v. . . . . . . . .152

Chibnall v. Paul & Son (1881), 29 W.R. 536 5, 8$

Chisholm v. Doulton (1889), 22 Q.B.D. 736; 58 L.J. M.C. 133;

60 L.T. 966; 37 W.R. 749; 53 J.P. 550; 5 T.L.R. 250,

437 . 17, 54, 56

Clarke, Great Central Gas Consumers v. 210

Clarke, Huth v 48

Clerkenwell, Attorney-General v 77

Clerkenwell, Vestry of, v. Feary (1890), 24 Q.B.D. 703 ; 59 L.J.

M.C. 82 ; 62 L.T. 697 ; 54 J.P. 676 .... 71.219
Glutton, Guardians of, z;. Pointing (1879), 4 Q.B.D. 340; 48 L.J.

M.C. 135 ; 40 L.T. 844 ; 27 W.R. 658 71

Cocker v. Cardwell (1869), L.R. 5 Q.B. 15; 39 L.J. M.C. 28 ;

21 L.T. 457 ; 18 W.R. 212 ; 10 B. & S. 797 . . . 23, 33

Cases Cited.

xxvii

PAGE

Cockerell, Reg. v 152

Colamz/. Hall (1871), L.R. 6 Q.B. 206; 40 L.J. M.C. 100; 23

L.T. 862 ; 19 W.R. 563 208

Collins z;. Paddington Vestry ( 1880), 5 Q.B.D. 368; 48 L.J. Q.B.

345 ; 40 L.T. 843 ; 27 W.R. 504 67

Collyer, Wilkison v. . . . . . . . . .181

Cook V. Montagu (1872), L.R. 7 Q.B. 418 ; 41 L.J. M.C. 149; 26

L.T. (N.S.) 471 ; 37 J-P- 53 J 20 W.R. 624 . . 18, 30, 181, 207
Cooperz/. Woolley (1867), L.R. 2 Ex. 88; 36 L.J. M.C. 27 ; 15

L.T. 539 ; 15 W.R. 450 56

Cotton, Reg. v 35

Coverdale v. Charlton (1878), 4 Q.B.D. 104 ; 48 L.J. Q.B. 128 ; 40

L.T. 88 ; 27 W.R. 257 ; Affirming S.C. 3 Q.B.D. 376 ; 47L.J.

Q.B. 446 ; 26 W.R. 687 . 83, 205

Creed, Amys v. . . . .22

Croydon, Fenwick v 206

Croydon, Mayor of, Johnson v 39, 216, 217

Crush V. Turner (1878), Ex. D. 303; 47 L.J. Ex. 639; 39 L.T.

192 ; 26 W.R. 900 ; 3.A. Affirmed 4 App. Cas. 228 ; 28 L.J.

Ex. 481 ; 40 L.T. 661 ; 27 W.R. 553 . . . . .66

Darlington Local Board, Reg. v 199

Daw V. Metropolitan Board of Works (1862), 12 C.B. N.S. 161 ;

31 L.J. CP. 223 ; 8 Jur. N.S. 1040 ; 6 L.T. 353 . . . 210

Denton, Reg. v 211

Derby, Lord, Winterbottom v 13

Derby, Urban, &c., Authority, Whitaker v. . . . . > 19

Digby V. West Ham (1858), 22 J. P. 304 41

Dodd, Law v. 67

Doulton, Chisholm v. . . . . . . . • I7» 54> 56

Draper z'. Sperring (1861) 10 C.B. (N.S.) 113. . . 6, 16, 22, 179

Eastern Counties Railway Company v. Marriage, L.R. 9 H.L. 31 . 138
Eddlestone v. Barnes (1875), i Ex. D. 67 ; 45 L.J. M.C. 73 ; 34

L.T. 497 24

Edwards v. Roberts (1891), i Q.B. 302 188

Edwards, Reg. v 80

Elias V. Nightingale 8 E. & B. 698 ; 27 L.J. M.C. 151 . . 47, 208

Ely, Dean of, v. Bliss, 5 Beav. at p. 582 210

Evans, Walker v. . 54

Everett v Grapes, 3 L.T. (N.S.) 669 38, 216

Farrant, Reg. v 183

Faversham, Reg. v 216

Feary, St. James, &c. (Clerkenwell) Vestry of z'. . . .71, 219
Fenwick v. Rural Sanitary Authority of Croydon (1891), 2 Q.B.

216 . 206

Ferne, Aldridge v. . i8l

Fitzgerald v. Champneys, 2 John & H. 31 ; 30 L.J. Ch. 777 ; 7 Jur.

N.S. 1006 ; 5 L.T. 233 ; 9 W.R. 850 210

Finch-Hatton, Wilson v. 108, 109

Fletcher & Musgrave v. Smith (1877), 2 App. Cas. 781 ; 47 L.J.

Ex. 4 ; 37 L.T. 367 ; 26 W.R. 83 ; H.L. Affirm. S.C. L.R.

7 Ex. 305 ; 41 L.J. Ex. 193 ; 27 L.T. 164 ; 20 W.R. 987 . 198

Flight, Todd. z/. -13

Florence, Sandys v. 109

Francomb v. Freeman (1868), L.R. 3 Q.B. 251 ; 37 L.J. M.C.

65; 18 L.T. (N.S.) 19; 16 W.R. 511 ; 32 J.P. 196 . .17
Freeman, Francomb v. . . 17

Gateshead (Mayor of) ; Reayz/ 39

Gattridge, Young v. . . . . . . . . . 89

xxviii Cases Cited.

PAGE

Gay z;. Cadby (1877), 2 C.P.D. 391 ; 46 L.J. M.C. 260; 36 L.T.

410 . 65

General Council of Medical Education, Leeson z/. . . . • 183
General Steam Navigation Company v. British, &c., Steam Naviga-
tion Company Limited (1869), L.R. 4 Ex. 238 ; 38 L.J. Ex.

97; 20 L.T. 581 ; 17 W.R. 741 ; Ex. Ch 167

Gibbon, Reg. v. . . . 183

Gibson, Reeve z^. .......... 96

Glamorganshire J. J., Reg. v 187, 188

Goole, Local Board of, Reg. v 206

Gordon, St. Martin's Vestry z/. ... . . 63,65,207

Goughz;. Gough (1891), 65 L.T. N.S. 112 205

Gracey, Wallasey Local Board v. . . . . . . .34

Grand Junction Canal Company v. Shugar (1871), L.R. 6 Ch.

483 ; 24 L.T. 402 ; 19 W.R. 569 199

Grapes, Everett v. . . . . . . . . . 38, 216

Great Central Gas Consumers z/. Clarke, 11 C.B. N.S. 814; Affirmed.

13 C.B. N.S. 838; 32L.J. C.P.41 ; II W.R. 123 ; Ex. Ch. . 210

Great Stanmore, Tomlins z'. ........ 24

Great Western Railway z/. Bishop (1872), L.R. 7 Q.B. 550 j 41

L.J. M.C. 120 ; 26 L.T. 905 ; 20 W.R. 969. ... 4

Greaves, Niven 7/ 5^

Griffiths, Millington z' 96

Hall, Colam v 208

Hall, Hill V. 210

Ham Local Board, In Re, Exparte Bassett 7 E. & B. 280 ; 26

L.J. M.C. 64, 3 Jur. 136, 28, L.T. (O.S.) 267, 21 J. P. 85 24, 174
Hammersmith Rail. Co. v. Brand {1868), L.R. 4. H.L. 171, 38

L.J. Q.B. 265, 21 L.T. 238 ; 18 W.R. 12 . . . . 13S
Hampstead Vestry v. Hoopel (1885), 15 Q.B.D. 653 ; 54 L.J. M.C.

147 ; 33 W.R. 903, 49 J. P. 741 206

Handsley, Reg. v 183

Harden, Reg. v. 177

Harding v. Barker & Sons (1889), 5 T.L. R. 42 . . . . I7S

Harrison v. Southwark and Vauxhall Water Co. (1891), 2 Ch. 409 . 13
Heap V. Burnley Union (1884), 12 Q.B.D. 617; 53 L.J. M.C.

76;32W.R. 661; 48J.P. 359 37

Hendon (Guardians of) v. Bowles (1869), 20 L.T. (N.S.), 609 ; 34

J.P. 19 .18, 179

Hertford Union v. Kimpton (1855), " Ex. 295 ; 25 L.J. M.C. 41 . i77

Heyworth, Reg. v. 47

Hildreth v. Adamson (i860), 8 C.B. (N.S.) 587 ; 30 L.J. M.C. 204 ;

8 W.R. 470 ...... . . . 95

Hill V. Hall (1876) I Ex. D. 411 210

Hill, Metropolitan Asylum District v. . . 13, 51, 82, 114, 121, 206

Hind, Vinter 7J 89

Hipkins v. Birmingham & Staffordshire Gas Light Co., 29 L.J.

Ex. 169 and 30 L.J. Ex. 60, i L.T. 303 ; 24 J. P. 438 . • 96
Hitchcock z/. Way, 6 A. and E. 943 ; 2 N. & P. 72 ; W.W & D.

491 211

Hobbs, Walker v ... 109

Hoddinott, Sampson v. . . . . . . . • .198

Hodson, Liverpool Cattle Market v 43» 47

Holborn (Guardians of,) v. Shoreditch Vestry (1876), 2 Q.B. D.

145 ; 46 L.J. Q.B. 36 ; 35 L.T. 400 ; 25 W.R. 40 • • 65, 153
Holland, Lady, v. Kensington Vestry (1867), L.R. 2 CP. 5^5 ; 3^

L.J. M.C. 105; 17 L.T.N.S. 73; 15 W.R. 1045; 31 J.P.

758. . 208

Holmes, St. Leonards Vestry v 16

Hoopel, Hampstead Vestry v 206

Howarth v. Mayor of Manchester 6 L.T. (N.S.) 683 . • • 47

Cases Cited.

xxix

PAGE

Huntington, J.J., Reg. v 182

Huth^/. Clarke (1890), 25 Q.B.D. 391; 59 LJ. (M.C.) 120; 63

L.T. 348 ; 38 W.R. 655 ; 6 T.L.R. 373 48

Inge, Parker z/. ........ . 16, 22

Ingle, Wright v. _ . . . 207

Ingoldby, Plumstead Board, &c., v. 32

Jenkins, Reg. v 24

Johnson v. Mayor &c., of Croydon (1886), 16 Q.B.D. 708 ; 55 LJ.

M.C. 117; 54 L.T. 295 ; 50 J. P. 487 . . . 39,216,217

Keepers of the Peace, &c., of London, Reg. v 187

Kelly, Thomas z/. .......... 66

Kensington Vestry, Lady Holland v 208

Kimpton, Hertford Union v 177

King, Weekes v, . . . . . . . . . . 56

Lacy, Thompson v 109

Landrock v. Metropolitan District Railway (1886), W.N. 195 . 83
Langdon v. Broadbent {1877), 37 L.T. (N.S.) 434 . . . . 138

Lapworth, Thompson v. . . . . . . . .181

Law V. Dodd (1848), i Ex. 845; 17 L.J. M.C. 65 . . . .67

Leadgate Local Board z/. Bland (1881), 45 J. P. 526 . ... 94

Lee, Reg. v. . . . . . . . . . . . 208

Lee, R. V . . 183

Leech, Moody v. . . . . 89

Leeds, Corporation of, Beckett v 82

Leeson v. General Council of Medical Education (1889), 43 Ch.D.

366 ; 59 LJ- Ch. 233 ; 61 L.T. 849 ; 38 W.R. 303 . .183
Leigh V. Jack (1879) 5 Ex. D. 264; 49 L.J. Ex. 220; 28 W.R.

452 83

Lev/is, St. Luke's Vestry v 71? 77

Lewsey, Local Board for Acton v. . . . . . . .19

Line v. Warren (1885), 14 Q.B.D. 73, 548 ; 54 L.J. (Q.B.), 146,

291 ; 52 L.T. 258 ; 53 L.T. 446 ; 33 W.R. 212 ; 48 J.P. 454 ;

49J.P-5I6 66

Liverpool i^Exparte Corporation of) 8 E. & B. 537 ; 27 L.J. M.C.

89 24,25

Liverpool Cattle Market v. Hodson (1867), L.R. 2 Q.B. 131 ; 36

L.J. M.C. 30; 15 L.T. 534 ; 15 W.R. 563 .. . 43, 47

Llewellyn, Reg. v 18, 72

Logan, Attorney-General v. . . . . . . . I3> 34

London & S. W. Ry., Restall v 211

London & S. W. Ry. Co., Wandsworth Board of Works z>. . .82
Lowe, Reg. v. ......... . 215

Lundie, Reg. v 216

Lyndon v. Standbridge (1857) 2 H. & N. 45 ; 26 L.J. Ex. 386 . 67

Mackenzie, Reg. 27. 211

Mallinson v. Carr (1891), i Q.B. 48 ; 60 L.J. M.C. 34; 63 L.T.

459, 39 W.R. 270 ; 55 J.P. 270 90

Malton L.B. v. Malton Manure Co. (1879), 4 Ex. D. 302 ; 49 L.J.

M.C. 90; 44J-P. 155 4, 50

Malton Manure Co., Malton L.B. v 4> 50

Manchester, Mayor of, Howarth v. ...... 47

Margate Pier (Proprietors oO Margate Town Council {1869),

20 L.T. 564; 33 J. P. 437 6, 16

Margate Town Council, Margate Pier (Proprietors) v. . . . 6, 16
Marrable, Smith v. ........ 108, 109

Marriage, Eastern Counties Rail. Co. v 138

Matlock Bath, Local Board, &c., for, Sellors v 82

XXX

Cases Cited.

PAGE

Melbourne Harbour Commissioners, Union Steamship Company v. . 138
Metropolitan Asylums District v. Hill (1881), 6 App. Cas. 193 ; 50
LJ. Q.B. 353; 44 L.T. 653; 29 W.R. 617; 45 J.P. 664.

13, 51, 82, 114, 121, 206

Metropolitan Board of Works, Daw v 210

Metropolitan District Railway, Landrock v 83

Meyer, Reg. v 22, 182

Middlesex Justices, Reg. z^. ........ 210

Middlesex Justices, Reg. v 187

Milledge, Reg. v . .182

Miller's case i Wm. Bl. 451 21 1

Millington z/. Griffiths (1874), 30 L.T. (N.S.) 65 .... 96

Monkcom, Newton ......... 89

Montagu, Cook z/, . . . . . . 18,30, 181,207

Moody 7/. Leech, 44 J.P. 459 .89

Munro v. Watson (1887), W.N. 60 ; 57 L.T. 366 ; 51 J.P. 660 39, 216

Naylor, Slattery v. 38

New Quay Local Board, Card well v 44

Newton v. Monkcom (1888), 58 L.T. 231 ; 52 J.P. 692 ; 16 Cox

C.C. 382 89

Nightingale, Elias v 47, 208

Niven z/. Greaves (1890), 54 J.P. 548 . . . . . .56

Norris v. Barnes (1872), L.R. 7 Q.B. 537; 41 L.J. M.C. 154;

26 L.T. 622 ; 20 W.R. 703 55

Oxford Local Board, Passey v. . ^ , . . . . .44

Paddington Vestry, Angell v 207

Paddington Vestry, Collins v, . 67

Page, Banbury Sanitary Authority v. , . . . . . 4, 40

Paget, Reg. v 3i» 54» 57

Paine, Westmore v , .188

Parker v. Inge (1886), 17 Q.B.D. 584; 55 L.J. M.C. 149 ; 55 L.T.

300 ; 51 J.P. 20 16, 22

Parlby, Reg. v ... . .17

Parlby, Reg. v. .......... it,

Passey z^. Oxford Local Board (1879), 43 J.P. 622. ... 44

Paul & Son, Chibnall v. 5, 85

Payne, Rye, Guardians of, 57. . . . . . . . . 6

Plumstead Board of Works z;. Ingoldby (1872), L.R. 8, Ex. 63, 174 ;

42 L.J. Ex. 50 ; 27 L.T. 656 ; 21 W.R. 77 ; Affirmed 8 L.R,

Ex. 174 ; 42 L.J. Ex. 136 ; 29 L.T. 375 ; 21 W.R. 817 . . 32

Pointing, Guardians of Glutton v 71

Pollard, Reg. v 175

Portsmouth, Corporation of z/. Smith (1883), ^3 Q-B.D. at p. 195,

184; 46 L.T. 552 Affirmed 46 J.P. 23 . . . . 205,206

Potter, Stockport Water Company z;. . . . . . .198

Powell, Reg. v 216

Ramsey, Bermondsey Vestry v 32, 180

Reayy. Mayor of Gateshead (1886), 55 L.T. (N.S.) 92 ... 39

Redfern, White v . . . .90

Reeve v. Gibson (1891), i Q.B. 652 & 2 Q.B. 297 . . . 96

R. V. Ash well 12 East 22 216

V. Bishop of Chester, i T.R. 396 152

V. Bridge (1890), 24 Q.B.D. 609; 59 L.J. M.C. 49 ; 62 L.T.

297; 38 W.R. 464; 54 J.P. 629 . . . . . 63,66

z;. Burnett (1815), 4 M. & S. 272 113

V. Cockerell (187 1), L.R. 6 Q.B. 252 ; 40 L.J. M.C. 153 ; 19

W.R. 1,133 152

Cases Cited.

xxxi

R. V. Cotton (1858), I E. & E. 203; 28 LJ. M.C. 22; 5 Jur.

N.S. 311 ; 7 W.R. 62 35

V. Darlington Local Board (1865) 6 B. & S. 562 ; 35 L.J.

Q.B. 45; 13 W.R. 789; 29 J.P. 419 199

V. Denton, 18 Q.B. 761; 6 Q.B. 832; i Dears C.C. 3; 21

L.J. M.C. 207 ; 17 Jur. 453 211

z/. Edwards (1884), 13 Q.B. b. 586 80

z;. Farrant (1887), 20 Q.B.D. 58; 57 L.J. M.C. 17; 57 L.T.

880; 36 W.R. 184; 52 J.P. 116 183

V. Faversham 8 T.R. 352 216

V. Gibbon (1880), 6 Q.B.D. 168 ; 8 Cox C.C. 436 . . . 183

V. Glamorganshire Justices (1889), 22 Q.B.D. 628; 58 L.J.

M.C. 93; 60 L.T. N.S. 536; 37 W.R. 493 ; 53 J-P- 294;

16 Cox C.C. 593 ; 5 T.L.R. 403 187

V, Glamorganshire Justices (1890), 24 Q.B.D. 675; 59 L.J.

M.C. 150 ; 62 L.T. 730 ; 38 W.R: 640 188

V. Goole, Local Board of (1891), 2 Q.B. 212 ; 64 L.T.

(N.S.) 595 ; 39 W.R. 608 206

z;. Handsley {1881), 8 Q.B.D. 383; 51 L.J. M.C. 137; 30

W.R. 368; 46 J.P. 119 183

V. Harden 2 E. & B. 128 ; 22 L.J. Q.B. 299 ; 17 Jur. 804 . 177

V. Heyworth 14 L.T. (N.S.), 600 47

V. Huntingdon, J.J. (1879), 4 Q.B.D. 522 . . . .182

V. Jenkins (1862) 3 B. & S. 116; 32 L.J. M.C. i . . .24

V. Keepers of the Peace, &c., of County of London (1890),

25 Q.B.D. 357 ; 59 L.J. M.C. 146 ; 63 L.T. 243 ; 39 W.R.

II ; 6 T.L.R. 389 ; 55 J.P. 56 187

V. Lee (1878), 4 Q.B.D. 75; 48 L.J. M. C. 22; 39 L.T.

(N.S.) 605 ; 43 J-P- 302 208

V. Lee (1882), 9 Q.B.D. 394 ; 30 W.R. 750 ; 47 J.P. 118 . 183

V. Llewellyn (1884), 13 Q.B.D. 681; 55 L.J. M.C. 9n. ; 33

W.R. 150; 49 J.P- loi 18, 72

V. Lowe (1883) 52 L.J. M.C. 122 ; 48 L.T.N.S. 768 ; 47 J.P.

535 ; 15 Cox C.C. 286 215

V. Lundie (1862), 31 L.J. M.C. 157 ; 8 Jur. N.S. 640 ; 5 L.T.

830; loW. R. 267 216

V. Mackenzie R. & R.C.C. 429 211

V. Meyer (1875), I Q-B.D. 173 22, 182

V. Middlesex Justices 2 B. & Ad. 818 210

V. Middlesex Justices (1881) 45 J.P. 420 187

- — V. Milledge (1879), 4 Q.B.D. 332; 48 L.J. M.C. 139; 40 L.T.

748 ; 27 W.R. 659 182

V. Paget 1881), 8 Q.B.D. 151 31, 54, 57

V. Parlby (1889), 22 Q.B.D. 520; 58 L.J. M.C. 49 ; 60 L.T.

422; 37 W.R. 335 ; 53 J.P. 327 ; 5 T.L.R. 257 .. . 17

V. Parlby (1889^ W.N. 190 23

V. Pollard 14 L.T. 599 175

■ V. Powell 54 L.J. M.C. 26 ; 51 L.T.N.S. 713 ; 48 J.P. 740 . 216

z'. Rose 24 L.J. M.C. 130; i Jur. N.S. 802; 19 J.P. 676 . 216, 217

— V. Rymer (1877), 2 Q.B.D. 136 ; 46 L.J. M.C. 108; 35 L.T.

774; 25 W.R. 415; 13 Cox C.C. 378 109

V. Shingler (1886), 17 Q.B.D. 49; 55 L.J. M.C. 147; 54

L.T. 759; 34 W.R. 490 187

V. Stephens (1866),- L.R. i Q.B. 702; 35 L.J. Q.B. 251;

14 L.T. 593; 14 W.R. 859; 7 B. &S. 10 .... 17

V. Vantandillo (1815), 4 M. & S. 73 113

V. Waterhouse (1872), L.R. 7 Q.B. 545 ; 41 L.J. M.C. 115 ;

26 L.T. 761 ; 20 W.R. 712 24, 56

z'. W^heatley (1885), 16 Q.B.D. 34; 55 L.J. M.C, ii; 54

L.T. 680; 34 W.R. 257; 50 T. P. 424 .... 19,72

V. Whitchurch (1881), 7 Q.B.D. 534; 50 L.J. M.C. 99; 45

L.T. 379; 29 W.R. 922; 45 J.P. 617; 46 J.P. 134; C.A . 23

xxxii

Cases Cited.

PAGE

R. V. Wigan L.R. 9 Q.B. 317 .153

V. Wigg 2 Salkeld 460 40

V. Wood 5 E. & B. 49 216, 217

Restall V. L. & S. W. Railway Company L.R. 3 Ex. 141 ; 37 L.J.

Ex. 89 2n

Richards, Chasemore z;. ......... 198

Richardson z;. Brown (1885), 49 J. P. 661 207

Richmond (Guardians of) v. Dean of St. Paul's (1868), 18 L.T.

(N.S.) 522; 32 J.P. 374 18

Riley, Mayor of St. Helen's v 208

Roberts, Edwards z;. . . . . . . . . .188

Rolls V. Vestry of St. George the Martyr (1880), 14 Ch.D. 785 ;

49 L.J. Ch. 691 ; 43 L.T. 140 ; 28 W. R. 867 ; 44 J.P. 680 . . 84

Roots V. Beaumont (1887), 51 J.P. 197 139

Rose, Reg. v 216, 217

Rotherham Local Board, Bentley v. . . , . . -137
Rudland z/. Mayor of Sunderland (1885), 52 L.T. N.S. 617; 33

W.R. 164; 49 J.P. 359 39

Ryan v. Thompson (1868), L.R. 3 CP. 144 181

Rye (Guardians of) z^. Payne (1875), 44 L.J. M.C. 148; 32 L.T.

(N.S.) 757 ; 23 W.R. 692 ; 40 J.P. 166 6

Rymer, Reg. v. . . . . . . . . . . 109

St. George, Hanover wSquare, Biddulph v. . . . . 13, 81

St. George the Martyr, Vestry of. Rolls z> 84

St. Helen's Chemical Company v. St. Helen's Corporation (1876),

I Ex.D. 196; 45 L.J. M.C. 150; 34 L.T. 397 ... 5
St.^Helen's (Mayor of) z^. Riley (1883), 47 J.P. 471 . . .208
St. Helen's Corporation, St. Helen's Chemical Works v. • • 5
St. James and St. John (Clerkenwell), Vestry of, v. Feary (1890), 24

Q.B.D. 703 ; 59 L.J. M.C. 82 ; 62 L.T. 697 ; 54 J.P. 676 71, 219
St. James (Westminster), &c. Vernon v. . . . . . 13, 81

St. Leonard's Vestry z^. Holmes (1886), 50 J.P. 132 . . . . i6

St. Luke's Vestry v. Lewis i B. & S. 65 ; 31 L.J. M.C. 73 . 71, 77
St. Martin's Vestry v. Gordon (1891), i Q.B. 61 . . 63, 65, 207
St. Mary, Islington, Vestry of, Caiger z/. ..... 207

St. Paul's (Dean of), Guardians of Richmond v. . . . .18

Sampson z'. Hoddinott i C.B. N.S. 590; 3 Jur. N.S. 243; 26 L.J.

CP. 148 198

Sandhurst, Lady, Beresford-Hope v .66

Sandys v. Florence 47 L.J. CP. 598 109

SsLunders, Exparte {1883), II Q.B.D. 191 ; 52 L.J. M.C. 89; 31

W.R. 918; 47 J.P- 584 18, 19, 72

Scarborough, Mayor of, v. Rural Sanitary Authority of Scarborough

(1876), I Ex. D. 344 ; 34 L-T. 768 ; 40 J.P- 343, 726 . . 16
Scarborough, Rural Sanitary, &c., of, Scarborough, Mayor of, v. . 16

Schofield, In re (1891), W.N. 127 23

Sellors, V. The Local Board of Health for Matlock Bath (1885), 14

Q.B.D. 928 ; 52 L.T. 762 82

Shillito z;. Thompson (1875), i Q.B.D. 12; 45 L.J. M.C. 18; 33

L.T. 506 ; 24 W.R. 57, 40 J. P. 535 ' 89

Shingler, Reg. v .187

Shoreditch Vestry, Guardians of Holborn v. . . . . 65, 153

Shugar, Grand Junction Canal Company v. . . . . . 199

Slattery v. Naylor (1888), 13 App. Cas. 446 ; 57 L.J. P.C 73 ; 59

L.T. 41 ; 36 W.R. 897 38

Small V. Bickley (1875), 32 L.T. (N.S.) 726 ; 39 J.P. 422 . . 29, 89, 90,

112, 175

Smith V. Archibald (1880), 5 App. Cas. 489 95

Smith, Corporation of Bacup v. ...... , 208

Smith, Fletcher & another v. ....... . 198

Smith V. Marrable, ii M. & W. 5; 12 L.J. Ex. 223 . . 108, 109

Cases Cited. xxxiii

PAGE

Smith, Corporation of Portsmouth v 205, 206

Smith V. Waghorn (1863), 27 J. P. 744 6

Sperring, Draper v. . . . . . . . 6, 16, 22, 179

Standbridge, Lyndon v. . . 67

Stapp, Best v. 114

Stephens, Reg. v 17

Stockpoit Water Company v. Potter, 3 H. & C. 300 ; 10 Jur. N.S.
1005 ; 10 L.T. N.S. 748 ; 7 H. & N. 160 ; 31 L.J. Ex. 9 ; 7 Jur,

N.S. 880 198

Storr, Benjamin v 13

Sunderland, Mayor of, Rudland v. 39

Sutton V. Sutton (1882), 22 Ch. D. 513 ; 32 L.J. Mat. 156 . .137

Terrett, Barlow v 90

Thomas v. Kelly (1888), 13 App. Cas. 506; 57 L.J. Q.B. 330;

58 L.T. 263 ; 36 W.R. 363 66

Thompson v. Lacy, 3 B. & A. 283 109

Thompson v. Lapworth (1868), L.R. 3 CP. 149 ; 37 L.J. CP. 74 ;

17 L.T. 507 ; 16 W.R. 312 181

Thompson, Ryan v. . 181

Thompson, Shillito v. ' \ . . 89

Thompson, Waye v. . . . . . . . . .90

Tinkler v. The Wandsworth Board of Works, 27 L.J.Ch. 342 71, 72

Todd V. Flight (i860), 30 L J. CP. 21 13

Tod-Heatley z;. Benham (1888), 40 Ch. D. 80. . . . . 121

Tomlins v. Great Stanniore, 12 L.T. (N.S.) 118 ; 29 J.P. 117 . . 24
Tomlinson, Ballard v. . . . . . . , , , 198

Torquay Local Board z/. Bridle (1883), 47 J.P. 183 . . . -39
Tunbridge Wells Local Board v. Bisshopp (1877), 2 C.P.D. 187 . 114
Turner, Crush v 66

Union Steamship Company v. Melbourne Harbour Commissioners

(1884), 9 App. Cas. 365

United Telephone Company, Wandsworth Board of Works v. .

Vantandillo, Reg. v. ....... .

Venour, In re (1876), 2 Ch. D 525 ; 45 L.J. Ch. 409 ; 24 W.R. 752 ,
Vernon v. St. James Westminster Vestry (1880), 16 Ch. D. 449

50 L.J. Ch. 81 ; 44 L.T. 229 ; 29 W.R. 222 C. A. .
Vinterz;. Hind (1882), 10 Q.B.D. 63 ; 52 L.J. M.C 93 ; 48 L.T

359; 31 W.R. 198; 47 J.P. 373

Waghorn, Smith v. ......... 6

Walker v. Evans (1859), 2 E. & E. 356; 29 L.J. M.C. 22; i

L.T. (N.S.) 59 54

Walker v. Hobbs (1889), 23 Q.B.D. 458 ; 38 W R. 63 ; 5 T.L.R

640 109

Wallasey Local Board v. Gracey (1887), 36 Ch. D. 593; 56 L J

Ch. 739 ; 57 L.T. 51 ; 35 W.R. 694 ;'5> J-I' 740 . . . 34
Wandsworth Board of W''orks v. London and South Western Rail

way Company (1862), 31 L.J. Ch. 854; 8 Jur. N.S. 691 . . 82
Wandsworth Board of Works v. United Telephone Company (1884),

13 Q.B.D. 904 ; 53 L. J. Q.B. 449; 51 L.T. 148 ; 32 W.R

776; 48 J.P. 676 . 84

Wandsworth Board of Works, Tinkler .... 71,72

Wanstead Local Board v. Wooster, 37 J.P. 403 ; 38 J.P. 21 . 37, 41
Warren, Line z^. .......... 66

Warton, Guardians of Blything v. » 30

Waterhouse, Reg. ■y. ....... . 24, 56

Watson, Munro v. . . 39, 216

Way, Hitchcock z;. 211

138
84

"3
137

3, 81

xxxiv

Cases Cited.

PAGE

Waye». Thompson (1885), 15 Q.B.D. 342; 54 L.J. M.C. 140;
^ 53 L-T. 358; 33W.R. 733; 49J.P-693 ; 15C0XC.C. 785 • 90
Weekes King (1885), -53 L.T. (N.S.) 51; 49J.P. 709; 15 Cox

: G.C. 723 56

West Ham, Digby v 41

Westmore v, Paine (1891)1 Q.B. 482 188

>iVheatley, Reg. v I9> 72

WhitakerT;. Derby Urban Sanitary Authority (1885), 55 L.J. M.C.

8 ; 50 J.P. 357; (1885) W.N. 201 • • ' • • • -19
Whitchurch Ex parte (1881), 6 Q.B.D. 545; 50 L.J. M.C. 41 ;

29 W.R. 507 ; 45 J.P. 392 18, 19, 72, 79

Whitchurch, Reg. v 23

White V. Redfern (1879), 5 Q.B.D. 15 ; 49 L.J. M.C. 19; 41

L.T. 524 ; 28 W.R. 168 ; 44 J.P. 87 90

Wigan, Reg. v . . .153

Wigg, Reg. V. .......... 40

Wilkinson z^. Collyer (1884), 13 Q.B.D. i; 53 L.J. Q.B. 278; 51

L.T. 299 ; 32 W.R. 614 ; 48 J.P. 791 181

Wilson z;. Finch Hatton (1877), 2 Ex. D. 366; 46 L.J. Ex. 489;

36 L.T. 473 108, 109

Winterbottom v. Lord Derby (1867), L.R. 2 Ex. 316 ; 36 L.J. Ex.

194; 16 L.T. 771 ; 16 W.R. 15 13

Woolley, Cooper v. ......... 56

Wood, Reg. V 216, 217

Wooster, Wanstead Local Board v. 37) 41

Wright V, Ingle (1885), 16 Q.B.D. 379 207

Young 0. Gattridge (1868), L.R. 4.Q. B. 166 ; 38 L.J. M.C. 67 . 89

STATUTES CITED.

PAGE

43 Eliz. c. 2, s. 6 .

. 123

lo & 19 Vict. c. no.

. 169

14 Geo. iii, c. 91 .

. 200

. s. 7

26 Geo. iii. c. 71 .

. 45

S. 0

. 127

33 Geo. iii. c. 13 .

s. 9

. 127

57 Geo. iii. c. xxix.

S. 1 1

. 169

s. 59

62, 64

S. 12

. 129

s. 60

. 67

s. 15

189, 190

s. 61

. 67

18 & 19 Vict. c. 120

48, 68, 78, 81

s. 63

39, 61

s. 42

. 189

s. 64

37, 69, 210

s. 43

. 190

s. 68

. 40

s. 44

. 84

s. 73

. 37

, s. 5^

• 149

s. 74

. 37

s. 59

. 149

3 & 4 Will. iv. c. 90,

s. 50

. 96

s. 75

. 70

5 & 6 Will. iv. c. 76

. 38

S. ol

70, 71

2 & 3 Vict. c. 47, s. 60 37

, 39, 40,

0 _

s. 02

74, 75

61, 69, 210

s. 53

. 76

2 & 3 Vict. c. 71 .

. 178

s. 04

. 74

s. 50

. 185

s. 05

. 76

2 & 3 Vict. c. xciv. s.

37, 61

s. 86

. 79

7 & 8 Vict. c. 87 .

• 45

s. 88

. 81

8 Vict. c. 18

. 80

s. 96

82, 83, 84

ss. 25-37

. 80

s. 103

145, 146

s. 37 .

. 80

s. 104

. 146

10 & II Vict. c. 14

. 208

s. 105

. 207

s. 19

. 47

s. 106

. 185

10 & II Vict. c. 17, s

. 92

s. 116

. 94

10 & II Vict. c. 34, ss. 125-

131 47

s. 117

. 60

II & 12 Vict. c. 43

. 177

s. 125

61, 63, 65

s. 8.

s. 126

63, 210

S. II

22, 177

s. 127

. 64

II & 12 Vict. c. 63

43' 191

s. 128

. 65

s. 68

83.^84

s. 129

65, 66

II & 12 Vict. c. 123, .

5. 3

. 177

s. 132

158, 159, 165

14 & 15 Vict. c. 6

46, 48

s. 133

. 161

14 & 15 Vict. c. 28

• 139

s. 134

148, 154

14 & 15 Vict. c. 75

53, 54

s. 139

159, 162

15 & 16 Vict. c. 85

• 53

s. 141

• 75

16 & 17 Vict. c. 41

• 139

ss. 149-156

80, 85,

16 & 17 Vict. c. 128

. 17

, 53, 54

121

s. 5

• 53

s. 150

. 94

s. 7

• 54

ss. 158-161

79, 153'

16 & 17 Vict. c. cxli

• 53

154

18 &; 19 Vict. c. 116.

ss. 183-191

• 157

s. 4

. 127

. s. 198

. 160

s. 5

. 169

S. 202

37, 210

s. 6

. 169

ss. 206-

209

. 175

xxxvi

Statutes Cited.

i8 & 19 Vict. c. 120.

PAGE

23 & 24 Vict. c. 77.

PAGE

s. 211

70, 72, 76, 79,
188, 193

s. 6
s. 7

. 148, 154

. 94

s. 212

72, 188, 193

s. 8

. 96

s. 221

. 190

s. 9

68, 161

s. 222

. 189

S. II

. 148, 154

s. 225

79. 176

S. 12

. 104, 123

s. 226

. 79,80, 176

s. 13

23, 32

s. 227

. 176

25 & 26 Vict. c. 102.

s. 229

. 37

s. 43

. 160

s. 231

. 185

s. 62

. 145, 146

s. 238

. 149, 154

s. 64

. 70, 76, 79

s. 246

. 127

s. 67

. 91

s. 250

. 206

s. 70

. 94

Schedules .

147, 149, 205

s. 73

• 37

18 & 19 Vict. c. 121

• 5. 25

s. 89

. 67

s. 2

s. 90

. 175

s. 5

. 184

s. 91

40, 41
45, 46

s. 8

. 4, 6

s. 93

s. 10

14, 68

s. 94

. 45

S. II

28, 74, 75. 172

s. 95

. 69

s. 12

17, 22

s. 96

. 180

s. 13

22, 23

s. 105

. 178

s. 14

22, 24

S. 112

. 206

s. 15

23, 25, 185

26 & 27 Vict. c. 93,

s. 21 . 93

s. 16

25, 185

26 & 27 Vict. c. 117

s. 17

. 27

S. 2

. 88, 89, 90

s. 18

s. 3

89, 172, 174

s. 19

. 30

29 & 30 Vict. c. 41,

s. 2 . 181

s. 20

. 176

29 & 30 Vict. c. 89

. 200

S. 21

• 79

29 & 30 Vict. c. 90

. 17, 29, 33

S. 22

. 79

s. 14

. 55

s. 23

. 96

s. 15

. 148

s. 24

. 96

s. 16

. 150, 194

s. 25

. 96

s. 17

. 148

s. 27

s. 18

. 49

s. 28

. 49

s. 19

4,6, 10, 17, 55

s. 29

s. 20

. 2, 28, 173

s. 30

. 33

S. 21

16,23

s. 31

. 190

s. 23

. 104, 105

s. 32

. 189

s. 24

. 104, 123

ss. 33-35. . 179

s. 25

. 115

s. 36

. 172, 175

s. 26

III

s. 37

• 175

s. 27

• 131. 133

s. 38

. . 178

s. 28

• 134

s. 40

. . 185

s. 29

. Ill

s. 41

. 191

s. 30

. 166

s. 42

. . 184

s. 31

28, 75, 173

s. 43

. 200

s. 34

. 180

s. 44

. 55. 197

s. 35

. 137, 139

s. 45

. 197

s. 36

26, 147

19 & 20 Vict. c. 107, s. 2 . 53

s. 37

. 121

20& 21 Vict. c. 43,

s. 2 . 187

s. 38

. 113, 115

20 & 21 Vict. c. cxxv. . 46, 48

^ s. 39

. 108

20 & 21 Vict. c. cxlvii. . 2CO

s. 40

. 129

21 & 22 Vict. c. 90,

s. 34 SO, 165

s- 45

. 175

21 & 22 Vict. c. 98,

s. 73 . 199

s. 48

. 154

23 & 24 Vict. c. 77

• 33

s. 49

. 152, 197

s. 2

. 148

' s. 51

. 209, 211

s. 3

. 68

s. 52

169, 209, 211

s. 4

♦ 154

^ s. 53

. . 69

s. 5

. 148

' s. 54

. . 176

Statutes Cited.

xxxvii

18 "JO ViVt r CC

PAGE

29 & 30 Vict. c. 118 . . 127

* • 0/

S. 12 . . 126

s. 4.7

30 Vict. c. 6 81, 124, 130, 155

s. 50

s. 5 . . 100, 124

s. 62

• • y X

s. 6 • . . 100

s. 64

». 1/ . . , ±^\J

s. 68

«; 7T TIT T Cfi

«; 7o

Q7
y/

SS. 71—

7A • . IAC

S. 7C

. . Id7

ss. 61-72 . 126, 131

s. 90

10 & 21 Vict C. lOT S. 8q OA

S. QI
a. yx

A. 6. 10 17. CC

l\y \Ij l\Jy X/, ^3

30 & 31 Vict. c. 115 . . 22

S. 02

. 2. 17

"20 '2T Virt r ri ^nn

»• yi

TA 1 7

31 & 32 Vict. c. 115.

b. y4

Tfi T7 t8 79

IKJy 1/y lO,

«; 8 . T C2 TO*?

S OC

»• yj

T7 18- 22 72

X g y X \Jy g £t

s. 10 • * 123

s. 96

17 18 20 22

X J y XKJy ^\Jy ^^y

11 St 11 Virl" r T99 «: 2C tcfi

2/! CC 72

^2 Sf 11 Virf r /I T «; 2 Tno

<; 07
a. y/

"22 & 11 Virt c 6'3 S I TOO T2A
12 & 11 Vict. c. 67. s A 208

s. 98

. 22, 24

s. 00

a. yy

12 & Vict. C. 100 IK2. 107

s. 100

& "Izl Vict. C. C'?. 2 . ITT

S. lOI

& I"; Vict. c. 1^6 . . 182

s. 102

28. 17"?

& 24. Vict. c. 7";. s. 28 .126

s. 103

■^O, 17^

33 & 34 Vict. c. cxlix. . 199, 200

s. 104

30, 180

"^4. & ^"i Vict. c. ii'^. s. A. 6.

s. 105

• • Oj

s. 106

T cr»
150

■2C ^ 'id Vfrf- r 7o
V*. TILL. /y.

s. 107

•66

s. 20 . . 167

s. 108

"lA. "^C. 102
OH-) Jji '■^^

<; CT TO/1 TOC Tn7

s. 109

s. 52 . . 170

s. 1 10

'. 166

SS. 'ZA—'Z6 200.211
ot* j *'^yj

S. 1 1 1

200

36 & 37 Vict. c. 86, s. 10 .126

S. 112

A"?. AA

"27 8r lk Virt r fi7 /i C

s. 114

. 4, 49

S. . . d1

s. 115

AO. 102

S. 7 . . A1

s. 116

88, 89

s. 117

S. 10 . A1 AC. a6

s. 118

s. 17 . . 43

SS. 121

y 122 . 105

37 & 38 Vict. c. 89.

s. 123

lOA, 121

s. 6 . . 185

SS. 1 24

, 125 . Ill

S. 10 . 1 10. IQA

s. 126

III. lie

S. 20 . T C2 T07

s. 127

T T C

S. d7 . .1^7

s. 128

. 108

s. 10 . 07

s. 129

. 109

s. 51 • • III

s. 131

. 121

S. '\2 . IOC. I07

ss. 132

, 133 . 123

S. 1^ . 12
^' JO • 3^

ss. 134

-137 . 127

s. 54 . . 88

SS. 138, 139 . 129

S. . . 17^

s. 140

. 128

s. 56 . . 109

s. 141

. 131

'^8 & "^oVict c cc 18 c^ c6

s. 142

• 133

68, 70, 80
'^"j /y» "y

s. 143

. . 134

s. 4 c, 8"?. ic?. 20c

s. 149

. 82, 83, 84

S. C . . IC?

s. 150

. 19

s. 27 . . 17

s. 157

• 73

SS. 35-37. . 70

s. 169

oV • 47

s. 38 . 70, 73

ss. 182-

-186 37, 39,

s. 39 . 81, 82

45. 74, 85, 94,
112, 132, 138

• s. 40 . . 74

s. 41 . 74, 76

s. 191

164, 165

xxxxviii

Statutes Cited.

38 & 39 Vict. c. 55.

s. 251
s. 254
■ s. 255

- s. 258
s. 259
s. 261
s. 265
s. 266
s. 267
- . : s. 268

s. 269 25,
• = s. 286

s. 287
ss. 288,289
s. 291
' ■ ss. 293-296

181

176
178

179

183

. 184

. 176

. 184
. 189

. 190

. 25

185, 188

159, 160

167, 168
. 168
. 167

152,

162, 191, 197

' ss. 295-297 . 169

ss. 299-302 152, 197
' ss. 306, 307 . 175

s. 317 . . 191
s. 332 . . 197
s. 341 . . 200
s. 343 . 139, 210
39 & 40 Vict. c. 36, ss. 11-16 167
39 & 40 Vict. c. 61, s. 40 100, 124
39 & 40 Vict. c. 79, s. 15 . 126

41 & 42 Vict. c. 16

s. 3
s. 4
s. 34
S.35
s. 81
s. 87
s. 93
s. 96

S. lOI

Schedule IV.
41 & 42 Vict. c. 25, s. 6
41 & 42 Vict. c. 74

s. 34
s. 42

41 &42 Vict. c. 77.

s. 27
s. 30

41 & 42 Vict. c. ccxvi.

42 & 43 Vict. c. 48, s. 4
42 & 43 Vict. c. 49

S.6
s. 19
s. 29
s. 31
s. 33
s. 35
s. 117

42 & 43 Vict. c. 54.

s. IS
s. 16

42 & 43 Vict. c. 73

43 & 44 Vict. c. 15

3, 7, 56,
57. 58, 73
9, 10

9, 57
57, 58
57, 58
57, 58
• 77
7

. 7, 58
10
9, 207
. 91
60, 117, 118

59
118

. 54
. 200
. 127
177, 191
•. 30
. 185
. 191
. 186
63,66, 188

• 31
. 44

122, 126

124, 155
. 200
. 127

44 & 45 Vict.
-45 & 46 Vict.

45 & 46 Vict.

46 & 47 Vict.

46 &47 Vict.

46 & 47 Vict

46 &,47 Vict,

47 & 48 Vict,
47 & 48 Vict
47 & 48 Vict.

47 & 48 Vict

48 & 49 Vict
48 & 49 Vict
48 & 49 Vict

48 & 49 Vict.

49 & 50 Vict.

50 & 51 Vict
50 & 51 Vict.

50 & 51 Vict.

51 & 52 Vict,

c. 24

c. 50, s, 250

c. 75.

s, 20

S. 21

c. 3'5-

S. 2

s. 3
s. 4

S.5
s.6
s. 7
s. 10

S. 12

c. 53
ss. 15
s. 17

c. 59.
c. Ixxix.
c. 13

c. 43
c. 48

C. 60, S. 2

c. 33 '
;. c. 35, s. 2
, c. 72
s. 7
s. 8
s. 9
c. 76
c. 32
s. 9
c. 48.

ss. 2, 3
S, 21

. c. 17

C. 21.

SS. 4, 5
, c. 71.
s. 18
s. 24
. c. 41

PAGJE
177
190

S. 2

^ s. 3
s. 10
s. 17
s. 18
s. 19
s. 24
s. 28
s. 35
s. 40
s. 41

s. 45
s. 68
' S.79
s. 82
s. 88
s. 100

52 & S3 Vict. c. 56.

s. 3

58,

118,

125

Statutes Cited.

xxxix

52 & 53 Vict. c. 56.

PAGE

s. 6

. 124

s. 7

52 & 53 Vict. c. 63.

. 96

S. I

S.3

206

S. II

. 210

S. 13 22,

30, 34» 45,

147, 177

s. 19

. 96

s. 20

173, 189

52 & 53 Vict, c 64

. 170

52 & 53 Vict. c. 72

. 100

s. 3

. 100

s. 7

. 102

s. 9

. 154

s. 12

148, 159

s. 16

. 148

53 Vict. c. 8 s. 26

. 159

53 & 54 Vict. c. 34.

s. 2

. 103

s. 4

. 118

s. 5

105, 106

s. 6

. 107

s. 7

. 110

s. 8

. 118

s. 9

. 119

s. 10

. 133

S. 1 1 .

116, 120

S. 12

. 112

s. 13

. 108

s. 14

108, no

s. 15

, 105, 106

53 & 54 Vict. c. 34.

PAGE

s. 16

118, 133, 175

s. 17

105, 106

s. 18

no, 118, 178

s. 24

• . IIo

53 & 54 Vict. c. 59.

. 85

s. 20

s. 21

S. 22

. 73

s. 23

• 73

S. 2o

s. 48

• 175

53 & 54 Vict. c. 70.

s. 5

. 160

s. 10

. 150

s. 29

. 23

ss. 30,

31 . 160

s. 32

2, 23, 139

s. 38

. 160

s. 52

. 168

s. 55

. 150

s. 72

. 160

s. 73

150, 160
108, 160

s. 76

s. 85

. 150

53 & 54Vict.c. ccxliii. S.22 136,157

54& 55 Vict. c. 75

. 57, 58, 73

S. I

S. 2-3

s. 4

12, 56

s. 5

s. 31

s. 39

THE

PUBLIC HEALTH (LONDON) ACT,189L

54 & 55 VICT. Cap. 76.

An Act to consolidate and amend the Laws
relating to Public Health in London,

l^th August, iSgi.']

Be it enacted by the Queen's most Excellent Majesty,
by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the
same, as follows :

1, — It shall be the duty of every sanitary authority to Sect. 1.
cause to be made from time to time inspection of their »

.. . .« . . , ^ . . banitary autno

district, with a view to ascertain what nuisances exist ^ity to inspect
calling for abatement under the powers of this Act, district for
and to enforce the provisions of this Act for the purpose <ietection of
of abating the same, and otherwise to put in force the
powers vested in them relating to public health and
local government, so as to secure the proper sanitary
condition of all premises within their district.

The Act comes into force on January ist, 1892 ; see s. 143,
infra.

There must be on every Act, immediately after its title, an
endorsement of the day, month and year when the Act was
passed and received the Royal Assent : such endorsement is a
part of the Act, and where no other commencement is in the
Act provided, it is the date of the commencement of the Act
(33 Geo. 3, c. 13). See also note to s. 94 of this Act, infra.

Sanitary Authority.— The authority for the execution of this
Act is defined by s. 99; and the Act will (save as otherwise
expressly provided) apply only to the administrative County
of London as constituted by the Local Government Act,
1888 ; see ss. 132, 141.

2 Public Health (London) Act, 1891.

The section reproduces s. 20 of the Sanitary Act, 1866
(29 & 30 Vict. c. 90), which was repeated in effect in s. 7 of
the Housing of the Working Classes Act, 1885. The cor-
responding section to this is s. 92 of the PubHc Health Act,
1875 (38 & 39 Vict. c. 55).

The Sanitary Authority are to make and enforce bye-laws for
the purpose of inspection of houses let in lodgings, s. 94 (i)
(c), infra.

Duty.— On failure of a Sanitary Authority to do its duty,
power to act is given to the County Council in certain cases ;
see s. 100.

The County Council can complain to the Local Government
Board, who may make an order limiting the time for the per-
formance of its duty by the Sanitary Authority; see ^. 10 1.

On failure the Local Government Board may appoint the
County Council to perform the duty ; or the order of the
Local Government Board may be enforced by a Writ of Man-
damus, s. lOI.

Cause to be made.— As to the power of a Sanitary Authority
to appoint, and act by, committees, j-^^ s. 99 (3). As to the
appointment of medical officers of health and sanitary
inspectors, see ss. 106 and 107. The Sanitary Authority have
the right to enter premises to inspect, s. 10, infra : the person
claiming the right to enter shall, if required, produce some
written document, properly authenticated on the part of the
Sanitary Authority, s. 115 {2), infra. The term "premises"
is defined in s. 141.

See similar provision as to inspection in the Housing of the
Working Classes Act, 1890 (53 & 54 Vict. c. 70), s. 32.

District.—What purports to be a definition of district is
given in s. 99 (2).

As to power of a Sanitary Authority to act outside its own
district, see s. 14.

Nuisances (General).

2. — (i.) For the purposes of this Act, —

(a.) Any premises in such a state as to be a
nuisance or injurious or dangerous to health ;
{h.) Any pool, ditch, gutter, watercourse, cistern,
v^ater-closet, earth-closet, privy, urinal, cess-
pool, drain, dung-pit, or ash-pit so foul or in
such a state as to be a nuisance or injurious or
dangerous to health ;
{c.) Any animal kept in such place or manner as
to be a nuisance or injurious or dangerous to
health ;

{d.) Any accumulation or deposit which is a
nuisance or injurious or dangerous to health ;

What nuis-
ances may be
abated sum-
marily.

Nuisances (General).

{e,) Any house or part of a house so overcrowded Sect. 2.

as to be injurious or dangerous to the health

of the inmates, whether or not members of

the same family ;
{f.) Any such absence from premises of water

fittings as is a nuisance by virtue of section

thirty-three of the Metropolis Water Act, 34 & 35 Vict.

1871, set out in the First Schedule to this ^'

Act ; and

{g) Any factory, workshop, or workplace which is
not a factory subject to the provisions of the
Factory and Workshop Act, 1878, relating to 41 & 42 Vict,
cleanliness, ventilation, and overcrowding, and ^'

(i.) is not kept in a cleanly state and free
from effluvia arising from any drain, privy,
earth-closet, water-closet, urinal, or other
nuisance, or

(ii.) is not ventilated in such a manner as to
render harmless as far as practicable any
gases, vapours, dust, or other impurities
generated in the course of the work
carried on therein that are a nuisance or
injurious or dangerous to health, or

(iii.) is so overcrowded while work is carried
on as to be injurious or dangerous to the
health of those employed therein,

shall be nuisances liable to be dealt with summarily
under this Act.

(2.) Provided that —

(i.) Any accumulation or deposit necessary for the
effectual carrying on of any business or manu-
facture shall not be punishable as a nuisance
under this section, if it is proved to the satis-
faction of the court that the accumulation or
deposit has not been kept longer than is neces-
sary for the purposes of the business or manu-
facture, and that the best available means have
been taken for preventing injury thereby to the
public health ; and
(ii.) In considering whether any dwelling-house or
part of a dwelling-house which is used also as
a factory, workshop, or workplace, or whether
any factory, workshop, or workplace used also
as a dweDing-house, is a nuisance by reason of
overcrowding, the court shall have regard to
the circumstance of such other user.

4 Public Health (London) Act, 1891.

Sect. 2. This section in sub-sees, (i) (a) (b) {c) (d) and (2) (i) re-
produces with amendments s. 8 of the Nuisances Removal
Act, i855 (i8&i9 Vict. c. 121) ; and in sub-sees, {e) and {g),
s. 19 of the Sanitary Act, 1866 (29 & 30 Vict. c. 90).

Sub-sec. (i) (/) simply for the purpose of codification re-
enacts a part of s. 33 of the Metropolis Water Act, 187 1, set
out in Schedule I., infra.

Premises.— This term is defined, infra^ s. 141. Any premises
used by a Sanitary Authority for the treatment or disposal of
any street refuse or house refuse which are a nuisance are
liable to be dealt with under this section, and the County
Council are for that purpose deemed to be a Sanitary Authority.

As to tents, vans and sheds, see s. 95, infra.

Nuisance, or injurious or dangerous to health.— The word
"nuisance" must be read in conjunction with the word "health";
it is only nuisances in relation to health, and not nuisances
generally which can be dealt with under this Act. See Great
Western Railway v. Bishops (1872) L.R. 7 Q.B. 550, where
water dripping through a railway bridge was held not to be
within the Nuisances Removal Act, 1855. The words "in-
jurious to health " were thought by some to mean not that
actual injury to health had been caused, but only that injury
was likely to be caused. Any doubt, however, which may
have existed is removed by the insertion of the word " dan-
gerous," which is an amendment. The word was used in
s. 19 of the Sanitary Act, 1866, but not in s. 8 of the Nuisances
Removal Act, 1855, nor in the corresponding sections of the
Public Health Act, 1875.

Under similar words in s. 114 of the Public Health Act,
1875, in the case of Malton Local Board v. Malton Manure
Co., (1879) 4 Ex. D. 302, which was a case of effluvia from
bones, &c., being manufactured into manure, it was held, per
Stephen, J., that it was not necessary to show that the matter
complained of was injurious to health if it ^mounted to a
nuisance affecting public health.

In Banbury Sanitary Authority v. Page, (1881) 8 Q.B.D.
97, decided upon the words "nuisance to any person" in
s. 47 of the Public Health Act, 1875, and which was a case of
keeping swine ; it was held that " nuisance " in that section
was used irrespective of health, and in its ordinary general
legal sense.

In Bishop Auckland Local Board v. Bishop Auckland Iron
Co., (1882) 10 Q.B.D. 138, decided upon s. 91 (4) of the
Public Health Act, 1875, it was held that the words "nuisance
or injurious to health " mean " a nuisance either interfering
with personal comfort or injurious to health," per Stephen
J., and that the respondents were liable under the section for-
effluvia emitted from heaps of smouldering cinders and refuse
from the manufacture of iron, although injury to health had
not been caused.

Nuisances (General).

Any pool, urinal.— In Chibnall v. Paul and Son^ (1881) 29 Sect. 2.
W.R. 536, the owner of a public-house erected a urinal in a
private passage leading out of the street, and enclosed it be-
tween doors which he kept locked every night. There was a
space between the line of area-railings in the street, and the
urinal door nearest to the street, which space he shut off from
the street with an iron gate placed flush with the line of rail-
ings. This gate was never locked. It being proved that per-
sons habitually used the space between the door and the gate
in such a manner as to cause the neighbours a nuisance, which
he took no steps to prevent, it was held that he was respon-
sible for such user, it being a probable consequence of the
manner in which he had arranged the premises.

WateF-closets and ash-pits.— As to provision of water-closets
and ash-pits in the case of a house rebuilt after the commence-
ment of the Act, see s. 37 (i), and in the case of a house built
before or after the commencement of the Act, s. 37 (3),

Earth-closet.— The introduction of the word " earth-closet "
after the word " water-closet " is an amendment throughout
the Act.

Privy, cesspool.— The Sanitary Authority must employ a
stifficient number of scavengers to properly cleanse ash-pits,
earth-closets, privies and cesspools in their district, see ss.30
and 31.

Drain.— This term is not defined in this Act. In the Public
Health Act, 1875, s. 4, "drain" means any drain of and
used for the drainage of one building only, or premises
within the same curtilage, and made merely for the purpose
of communicating therefrom with a cesspool or other like
receptacle for drainage, or with a sewer, into which the drain-
age of two or more buildings or premises occupied by different
persons is conveyed. And by the same section " sewer " in-
dudes sewers and drains of every description, except drains to
which the word " drain " interpreted as aforesaid applies, and
except drains vested in or under the control of any authority
having the management of roads and not being a local au-
thority under that Act.

In the case of St Helenas Chemical Co. v. Corporaiion of
St, Helen's, (1876) i Ex. D. 196, decided upon the Nuisances
Removal Act, 1855, "drain" was held to include a public
sewer. The company in that case .were owners of che- ^
^ mical works, and were entitled to discharge refuse by two
separate drains into a public sewer ; by one drain they dis-
charged liquid containing muriatic acid, and by the other
liquid containing sulphur. No nuisance existed in their
drains, but upon combination in the sewer of the liquids
separately discharged into it, sulphuretted hydrogen was
generated, and escaped in quantities, so as to be injurious to
the public health. It was held that although the Corporation

6 Public Health (London) Act, 1891. ■

Sect. 2. might have contributed to the existence of the nuisance by j

"T" absence of flushing and defective construction or trapping of j

the sewer, the company were liable, and that the escape of the !

sulphuretted hydrogen gas from the sewer was a nuisance i

within the meaning of s. 8 of the Nuisances Removal Act, . i

1855. 1

Dung-pit.— As to removal of dung on the requisition of

a Sanitary Inspector, see s. 35, and as to a Sanitary Authority i

removing manure, &c., by agreement with the occupier of any '
stables, &c., see s. 36.

Any animal.— The Sanitary Authority are to make bye-laws ^
for the prevention of the keeping of animals so as to be a
nuisance, or injurious or dangerous to health under s. 16

(I) w- \

As to the restriction on keeping swine, see s. 17. \

Power is given in s. 18 to prohibit for the future the keep- \

ing of animals in an unfit place. !

As to cowhouses and dairies, see ss. 20 and 28. ;

Accumulation.— Where dung was accumulated by a stable- .

man, so that people near had to keep the windows of \
their houses shut, he was held liable under a local Act, by

which a penalty was imposed on keeping offensive matter so |

as to be a nuisance. Smith v. Waghorn, (1863) 27 J.P. 744, !

As to accumulation of seaweed, see Proprietors of Margate Pier^ \

V. Town Council of Margate ^ (1869) 20 L.T. 564, 33 J.P. 437. i

As to cinders, see Bishop Auckland Local Board v. Bishop •

Auckland Iron Co., supra, p. 4 ; as to droppings from sheep, :

Draper V. Sperring, (1861) 10 C.B. (N.S.) 113. ]

. See also as to removal of accumulations, s. 35 (i), infra. " j

Overcrowding.— The Sanitary Authority must make bye-laws '

for houses let in lodgings, for fixing the number of occupants, \

the registration, inspection, cleansing, &c. ; see s. 94, infra. . '.

It had been decided under the previous enactment, s. 19,
of the Sanitary Act, 1866 (29 & 30 Vict. c. 90), that a house
could be overcrowded although occupied by members of only
one family. Guardians of Rye v. Payne, (1875) 44 L.J.M.C.
148, 32 L.T. (N.S.) 757, 23 W.R. 692, 40 J.P. 166. Sec. 19 of

the Sanitary Act, 1866, did not, but the corresponding sec- "\

tion of the Public Health Act, 1875 (s. 91), does contain the |

words " whether or not members of the same family." |

If two convictions for overcrowding occur in respect of the . \

same house within three months, the house may be ordered to, j

be closed (s. 7, infra). \

As to overcrowding in tents and vans, see s. 95, infra. \

A vessel will be included within the term " house," see s. j

no, infra : for definition of house and vessel, see s. 141, infra, j

Absence of water fittings.— The section of the Metropolis

Water Act, 1871 is set out, infra. ^

The absence of the prescribed fittings renders the house

Nuisances (General).

prt7na facie unfit for human habitation. See, as to absence of
water being a nuisance, ss. 48 to 50, infra.

Power to inspect water supply and its apparatus is contained
in s. 40, i7ifra, and if found defective a fine may be inflicted
under s. 41, infra.

Any factory.— The factories and workshops to which the
Factory and Workshop Act, 1878 (41 & 42 Vict. c. 16),
applies are textile and non-textile factories and work-
shops, as defined by s. 93 of that Act. The factories and
workshops named in the Fourth Schedule of the Act are re-
ferred to in that Act by the names assigned to them in that
Schedule, s. 96. By s. 93 of that Act, —

" The expression ' textile factory ' in this Act means any
prerhises wherein or within the close or curtilage of which
steam, water, or other mechanical power is used to move or
work any machinery employed in preparing, manufacturing,
or finishing, or in any process incident to the manufacture of,
cotton, wool, hair, silk, flax, hemp, jute, tow, china-grass,
cocoa-nut fibre, or other like material, either separately or
mixed together, or mixed with any other material, or any fabric
made thereof :

" Provided that print works, bleaching and dyeing works, lace
warehouses, paper mills, flax scutch mills, rope works and hat
works shall not be deemed to be textile factories.

" The expression * non-textile factory ' in this Act means — •
(i.) any works, warehouses, furnaces, mills, foundries, or
places named in Part One of the Fourth Schedule to
this Act,

(2.) also any premises or places name;d in Part Two of
the said schedule wherein, or within the close or
curtilage or precincts of which, steam, water or other
mechanical power is used in aid of the manufacturing
process carried on there,

(3.) also any premises wherein, or within the close or
curtilage or precincts of which, any manual labour is
• exercised by way of trade or for purposes of gain in
or incidental to the following purposes, or any of
them ; that is to say —

{a.) in or incidental to the making of any article or
of part of any article, or

ip.) in or incidental to the altering, repairing, orna-
menting, or finishing of any article, or

(r.) in or incidental to the adapting for sale of any ,
article,

and wherein, or within the close or curtilage or pre-
cincts of which, steam, water, or other mechanical
power is used in aid of the manufacturing process
carried, on there.

8 Public Health (London) Act, 1891.

Sect. 2. "The expression 'factory' in this Act means textile fac-
' tory and non-textile factory, or either of such descriptions of

factories.

" The expression * workshop ' in this Act means—

(i.) any premises or places named in Part Two of the
Fourth Schedule to this Act, which are not a factory
within the meaning of this Act.

(2.) also any premises, room, or place not being a factory
within the meaning of this Act, in which premises,
room, or place, or within the close or curtilage or
precincts of which premises, any manual labour is
exercised by way of trade or for purposes of gain in
or incidental to the following purposes or any of
them ; that is to say — ■

(a.) in or incidental to the making of any article or
of part of any article, or

(d.) in or incidental to the altering, repairing, orna-
menting, or finishing of any article, or

(c.) in or incidental to the adapting for sale of any
article.

and to which or over which premises, room, or place
the employer of the persons working therein has the
right of access or control.

"A part of a factory or workshop may for the purposes of
this Act be taken to be a separate factory or workshop ; and a
room solely used for the purpose of sleeping therein shall not
be deemed to form part of the factory or workshop for the
purposes of this Act.

"Where a place situate within the close, curtilage or precincts
forming a factory or workshop is solely used for some purpose
other than the manufacturing process or handicraft carried on
in the factory or workshop, such place shall not be deemed to
form part of that factOTy or workshop for the purposes of this
Act, but shall, if otherwise it would be a factory or workshop,
be deemed to be a separate factory or workshop, and be regu-
lated accordingly.

"Any premises or place shall not be excluded from the defini-
tion of a factory or workshop by reason only that such premises
or place are or is in the open air.

" This Act shall not apply to such workshops, other than
bakehouses, as are conducted on the system of not employing
any child, young person, or woman therein, but save as afore-
said applies to all factories and workshops as before defined,
inclusive of factories and workshops belonging to the Crown ;
provided that in case of any public emergency a Secretary of
State may exempt a factory or workshop belonging to the
Crown from this Act to the extent and during the period
named by him " (as amended by 54 & 55 Vict. c. 75, s. 31).

Nuisances (General).

The Fourth Schedule to the Factory and Workshop Act, Sect. 2.
1878, contains the following Hst of factories and workshops : —

Part One.
Non-textile Factories.

Print works.

Bleaching and dyeing works.
Earthenware and china works.
Lucifer-match works.
Percussion-cap works.
Cartridge works.
Paper-staining works.
Fustian-cutting works.
Blast furnaces.
Copper mills.

Iron mills.
Foundries.

Metal and indiarubber works.
Paper mills.
Glass works.
Tobacco factories.
Letter-press printing works.
Bookbinding works.
Flax scutch mills.

Part Two.
Non-textile Factories and Workshops.

Hat works.
Rope works.
Bakehouses.
Lace warehouses.

Shipbuilding yards.

Quarries.

Pit-banks.

By s. 3 of the Factory and Workshop Act, 1878, ''a factory
and a workshop shall be kept in a cleanly state and free from
effluvia arising from any drain, privy, or other nuisance. A
factory or workshop shall not be so overcrowded while work
is carried on therein as to be injurious to the health of the
persons employed therein, and shall be ventilated in such a
manner as to render harmless, so far as is practicable, all the
gases, vapours, dust, or other impurities generated in the
course of the manufacturing process or handicraft carried on
therein that may be injurious to health. A factory or work-
shop in which there is a contravention of this section shall be
deemed not to be kept in conformity with this Act."

And by s. 4 : " Where it appears to an inspector under this
Act that any act, neglect, or default in relation to any drain,
water-closet, earth-closet, privy, ash-pit, water-supply, nuisance,
or other matter in a factory or workshop is punishable or re-
mediable under the law relating to Public Health, but not
under this Act, that inspector shall give notice in writing of
such act, neglect, or default to the sanitary authority in whose
district the factory or workshop is situate, and it shall be the
duty of the sanitary authority to make such inquiry into the
subject of the notice, and take such action thereon as to that
authority may seem proper for the purpose of enforcing the
law. An inspector, under this Act, may, for the purpose of
this section, take with him into a factory or workshop a

lo Public Health (London) Act, 1891.

Sect. 2. medical officer of health, inspector of nuisances, or other officer
of the sanitary authority."

And by s. loi : — "The provisions of s. 91 of the Public
Health Act, 1875, with respect to a factory, workshop, or
workplace not kept in a cleanly state, or not ventilated, or
overcrowded, shall not apply to a factory or workshop which
is subject to the provisions of this Act relating to cleanliness, -
ventilation, and overcrowding, but shall apply to every other
factory, workshop, or workplace.

"It is hereby declared that the Public Health Act, 1875,
shall apply to buildings in which persons are employed,
whatever their number may be, in a like manner as it applies^
to buildings where more than twenty are employed."

At the time of the passing of the Factory and Workshop
Act, 1878, the following provision of section 19 of the Sanitary
Act, 1866, was in force as to London : "The word ' nuisance,'
under the Nuisance Removal Acts, shall include (2) any
factory, workshop, or workplace not already under the opera-
tion of any general Act for the regulation of factories or bake'
houses not kept in a cleanly state, or not ventilated in such
manner as to render harmless, as far as practicable, any gases,
vapours, dust, or other impurities generated in the course of
the work carried on therein that are a nuisance or injurious
or dangerous to health, or so overcrov/ded while work is
carried on as to be dangerous or prejudicial to the health of
those employed therein."

The words in italics in that section were repealed by the
Factory and Workshop Act, 1878, so that the section was
read as though the words in italics were not in it,- The effect
of this was to leave the sanitary inspection of factories and
workshops under a dual control, i.e. both of the factory in-
spectors under the control of the Home Office, and of the
local sanitary authorities. In 1891 was passed the Factory
and Workshop Act, 1891 (54 & 55 Vict. c. 75), which by
section 39 repealed the words in italics in sections 3 and
1 01 of the Factory and Workshop Act, 1878. The effect of
which is to take from the factory inspectors the duty in the
first instance of sanitary inspection of workshops, while leaving
them responsible for, and taking from the sanitary authorities,
the duty of sanitary inspection of factories.
' In the case of default in enforcing the law as to sanitary
provisions in workshops the Home Secretary has power to
intervene and order the factory inspectors to take the neces-
sary steps.

These amendments of the law are effected by sections i to
5 of the Factory and Workshop Act, 1891, which are as fol-
lows : —

" I.— (i.) If the Secretary of State is satisfied that the pro-
visions of the law relating to public health as to effluvia
arising from any drain, privy, or other nuisance, or with

Nuisances (General).

respect to cleanliness, ventilation, overcrowding, or lime-
washing, are not observed in any workshops or class of work-
shops (including workshops conducted on the system of not
employing any child, young person, or woman therein) or
laundries, he may, if he thinks fit, by order, authorize and direct
an inspector or inspectors under the principal Act to take,
during such period as may be mentioned in the order, such steps
as appear necessary or proper for enforcing the said provisions.

" (2.) An inspector authorized in pursuance of this section
shall, for the purpose of his duties, have the same powers
with respect to workshops and laundries to which this section
applies, as he has under the principal Act as amended by
this Act with respect to factories, and may for the same pur-
pose take the like proceedings for punishing or remedying
any default in compliance with the said provisions of the law
relating to public health as might be taken by the sanitary
authority of the district in which the workshops or laundries
are situate, and shall be entitled to recover from that sanitary
authority all such expenses in and about any proceedings in
respect of such workshops or laundries as he may incur and
are not recovered from any other person, and have not been
incurred in any unsuccessful proceedings.

" 2. — (i.) Section four of the principal Act shall apply to
workshops conducted on the system of not employing any
child, young person, or woman therein, and to laundries.

" (2.) Where notice of an act, neglect, or default is given by
an inspector under the said section four, as amended by this
Act, to a sanitary authority, and proceedings are not taken,
within a reasonable time for punishing or remedying the act,
neglect, or default, the inspector may take the like proceed-
ings for punishing or remedying the same as the sanitary
authority might have taken, and shall be entitled to recover
from the sanitary authority all such expenses in and about the
proceedings as the inspector incurs and are not recovered
from any other person, and have not been incurred in any
unsuccessful proceedings.

" 3. — (i.) Sections three and thirty-three of the Factory and
Workshop Act, 1878 (which relate to cleanliness, ventilation,
and overcrowding in, and lime-washing of, factories and work-
shops), shall cease to apply to workshops.

" (2.) For the purpose of their duties with respect to work-
shops (not being workshops to which the PubHc Health
(London) Act, 1891, appHes), a sanitary authority and their
officers shall, without prejudice to their other powers, have
all such powers of entry, inspection, taking legal proceedings
or otherwise, as an inspector under the principal Act.

" (3.) If any child, young person, or woman is employed in
a workshop, and the medical officer of the sanitary authority
becomes aware thereof, he shall forthwith give written notice
thereof to the factory inspector of the district.

12 Public Health (London) Act, 1891.

Sect 2. "4. — (i.) Every workshop as defined by the principal Act

(including any workshop conducted on the system of not

employing any child, young person, or woman therein), and
every workplace within the meaning of the Public Health Act,
1875, shall be kept free from effluvia arising from any drain,
water-closet, earth-closet, privy, urinal, or other nuisance, and
unless so kept shall be deemed to be a nuisance liable to
be dealt with summarily under the law relating to public health.

" (2.) Where on the certificate of a medical officer of health
or inspector of nuisances it appears to any sanitary authority
that the lime-washing, cleansing, or purifying of any such
workshop, or of any part thereof, is necessary for the health of
the persons employed therein, the sanitary authority shall
give notice in writing to the owner or occupier of the work-
shop to lime- wash, cleanse, or purify the same or part thereof,
as the case may require.

"(3.) If the person to whom notice is so given fails to comply
therewith within the time therein specified, he shall be liable
to a fine not exceeding ten shillings for every day during
which he continues to make default, and the sanitary authority
may, if they think fit, cause the workshop or part to be lime-
washed, cleansed, or purified, and may recover in a summary
manner the expenses incurred by them in so doing from the
person in default.

" (4.) This section shall not apply to any workshop or work-
place to which the Public Health (London) Act, 1891, applies.

" 5. — In section three of the principal Act, for the word
'privy,' shall be substituted the words 'water-closet, earth-
closet, privy, urinal,' and for the words 'injurious to the
health of the persons employed therein ' shall be substituted
the words ' dangerous or injurious to the health of the per-
sons employed therein.' "

The other sections material are set out infra in the Appendix.

By the definition of house in s. 141 of this Act, the
expression includes factories and other buildings in which
persons are employed.

Proper sanitary conveniences, with separate accommodation
for persons of each sex employed in any factory, workshop, or
workplace, are to be provided, by s. 38, infra.

For the provisions of this Act as to workshops and as to
those factories which are within the operation of this Act, see
ss. 25 to 27, infra.

Nuisances liable to be dealt with summaFily. — The summary
procedure given by this Act is in addition to, and not in sub-
stitution for, or derogation of, any other method of procedure
existing under any Statute (other than those referred to by this
Act) or at Common Law.

As has been pointed out supra, this Act only deals with
nuisances relating to health.

Nuisances (General).

A common nuisance {nocumentum, nuire^ nuisance) is an
offence against public convenience and the economical
regimen of the State ; and it consists in either doing a thing
to the annoyance of all the lieges, or neglecting to do some
good which the common welfare requires. Stephen's
" Commentaries," bk. vi., and Hawk, P.C., bk. i., c. 75, s. i.
Examples of Common Law nuisances are the obstruction or
neglect to repair highways, the carrying on of offensive or
dangerous trades or manufactures, even without injury to
health. Exposing a person infected with a contagious disease
in a public thoroughfare is a Common Law nuisance. R. v.
Neil, 2 C. & P. 485.

The remedy for a nuisance is by indictment of the person
causing it, or by action for damages or injunction by any
person who suffers substantial damage beyond that suffered
by the rest of the public. See Benjamin v. Storr, L.R. 9 CP.
400 ; Winterbottom v. Lord Derby, L.R. 2 Ex. 316.

Ruinous premises adjoining a highway are a public
nuisance. Todd v. Flight, 30 L.J. CP. 21.

The power conferred by Statute to do works and erect
buildings will not be an answer if the works or buildings
amount to a nuisance, unless the Statute is imperative as to
the manner and place. See Metropolitan Asylum District v.
Hill, (1881) 6 App. Cas. 193 ; Vernon v. Vestry of St. James,
Westminster, 16 Ch. D. 449 ; and Biddulph v. St. George^ s
Vestry, 3 D.J. & S. 493 ; 33 L.J. Ch. 411.

But compare Harrison v. Southwark and Vauxhall Water
Company, [1891] 2 Ch. 409, where the defendants were
carrying out a work authorized by their Special Act in the
ordinary manner and without negligence.

The fact that certain businesses are excluded from summary
proceedings for nuisances under the Public Health Act, 1875,
s. 334, does not relieve their proprietors from liability for a
public nuisance in a suit by the Attorney-General for its
abatement, nor from their ordinary Common Law liability to
an owner whose property is injuriously affected by it. See
Attorney -General v. Logan, [1891] 2 Q.B. 100, in which case
it was held the local authority may act as relators in an action
brought by the Attorney-General for the purpose of abating a
public nuisance, and may themselves maintain an action for
damages for a nuisance affecting property of which they are
the actual owners.

Any accumulation of trade — The powers of this Act as to
offensive trades are contained in ss. 19 to 22, infra.

The Court to be satisfied that the accumulation has not
been kept longer than is necessary is the Petty Sessional
Court mentioned in s. 5, infra.

As to what is a defence in the case of nuisances arising from
offensive trades, see s. 21.

Dwelling-House used also as a Factory. — -The meaning of

14 Public Health (London) Act, 1891.

Sect. 2. this sub-section (2) (ii) appears to be that if a dwelling-house

^ were used only as a dwelling-house, and as such would not be

overcrowded by its ordinary occupants, yet it may be held to
be overcrowded if used also as a factory, although only the'
same number occupy it. More cubic space per person is re-
quired in a room occupied both by day and by night than
would be required if only occupied by day or by night.

As to proceedings by a sanitary authority for a nuisance
created outside the authority's district, and affecting
inhabitants within the district, see ss. 14 and 21 (4), mfra.

Information of 3. — Information of a nuisance liable to be dealt with
nuisances to summarily under this Act in the district of a sanitary
rity?^'^ ^' authority may be given to that authority by any person,
and it shall be the duty of every officer of that autho-
rity and of every relieving officer, in accordance with
the regulations of the authority having control over
him, to give that information ; and it shall be the duty
of the said authority to make the said regulations, and
also the duty of the sanitary authority to give such
directions to their officers as will secure the existence of
the nuisance being immediately brought to the notice
of any person who may be required to abate it, and the
officer shall do so by serving a written intimation.

This section reproduces s. lo of the Nuisances Removal
Act, 1855, with the amendment that any person, instead of
any person aggrieved, is enabled to give notice.

The corresponding section of the Public Health Act, 1875,
is s. 93.

Instead of giving information to the sanitary authority any
person may make complaint to a court of summary jurisdic-
tion, and take proceedings therein in the same manner, as the
sanitary authority may ; s. 12.

The information, as a matter of convenience, should be
given in writing, though this is not essential.

The proper person to whom to direct the notice is the
clerk, see s. 128.

As to the power of a justice to grant a warrant to any person
other than a sanitary authority's officer who is refused admis-
sion to premises suspected to be illegally occupied as under-
ground rooms, see s. 97 (2), infra.

of nuisance.

Notice requir- A. — (i.) On the receipt of any information respect-
ing abatement ing the existence of a nuisance liable to be dealt with
summarily under this Act the sanitary authority shall,
if satisfied of the existence of a nuisance, serve a
notice on the person by whose act, default, or sufferance
the nuisance arises or continues, or, if such person can-

Nuisances (General).

tiot be found, on the occupier or owner of the premises Sect. 3
on which the nuisance arises, requiring him to abate
the same within the time specified in the notice, and to
execute such works and do such things as may be
necessary for that purpose, and, if the sanitary
authority think it desirable (but not otherwise) specify-
ing any works to be executed.

(2.) The sanitary authority may also by the same or
another notice served on such occupier, owner, or
person require him to do what is necessary for pre-
venting the recurrence of the nuisance, and, if they
think it desirable, specify any works to be executed for
that purpose, and may serve that notice notwithstand-
ing that the nuisance may for the time have been
abated, if the sanitary authority consider that it is
likely to recur on the same premises.

(3.) Provided that —

{a.) where the nuisance arises from any want or
defect of a structural character, or where the
premises are unoccupied, the notice shall be
served on the owner :
(d.) where the person causing the nuisance cannot
be found, and it is clear that the nuisance
does not arise or continue by the act, default,
or sufferance of the occupier or owner of the
premises, the sanitary authority may them-
selves abate the same and may do what is
necessary to prevent the recurrence thereof :

(<:.) where the medical officer of health certifies to
the sanitary authority that any house or part
of a house in their district is so overcrowded
as to be injurious or dangerous to the health
of the inmates, whether or not members of
the same family, the sanitary authority shall
take proceedings under this section for the
abatement of such nuisance :

(d.) where the nuisance is such absence of water- 34 & 35
fittings as is declared a nuisance by section ^'
thirty-three of the Metropolis Water Act,
1 87 1 (set out in the First Schedule to this
Act), such absence shall be deemed to render
the premises unfit for human habitation unless
and until the contrary is shown to the satis-
faction of the court.

(4.) Where a notice has been served on a person
tunder this section, and either —

i6 Public Health (London) Act, 1891.

Sect, (a.) the nuisance arose from the wilful act or

~~" default of the said person ; or

(d.) such person makes default in complying with
any of the requisitions of the notice within
the time specified,

he shall be liable to a fine not exceeding ten pounds for
each offence, whether any such nuisance order as in this
Act mentioned is or is not made upon him.

This section reproduces, with amendments, s. 21 of the
Sanitary Act, i§66, and corresponds to s. 94 of the Public
Health Act, 1875.

Sub-sections (2) and (4) and provisoes (^r) and (d) of sub-
section (3) are not in the Public Health Act, 1875.

Notice. — The duty imposed upon the sanitary authority by
this section is imperative. As to proceedings by the County
Council or Local Government Board in case of default by the
sanitary authority, see ss. 100 and loi, in/ra.

A form of notice is given in Schedule IH., Form A, /n/ra.
The word " serve " indicates that the notice must be in writing,
and this is specially provided for by s. 127. It must be signed
by the clerk of the sanitary authority, or by the officer by
whom it is given or served. C/. Sf. Leonardos Vestry v. Holmes^
(1886) 50 J.P. 132.

It can be served by delivering it or a copy at the last known
residence of the person to whom it is addressed, or by sending
the same by post. If it is addressed to the owner or occupier
of any premises, the description " owner of " or " occupier of,"
followed by the address of the premises will be sufficient with-
out any name, and it may be served upon any person on the
premises, or by post, or if there is no person on the premises,
by affixing it to a conspicuous part of the premises ; s. i2'8.

Person by whose act, default, &c.— As to this see the case of
Drapers. Sperring, lo C.B. (N.S), 113. In that case the owner
of a market was held liable for the nuisance arising from the
droppings of sheep in the market, although other persons had
been accustomed to remove them. See also as to neglect to
remove seaweed, Proprietors of Margate Pier v. Town Council
of Margate^ (1869) 20 L.T. 564; 33 J.P. 437. As to deposit
of ashes, Mayor of Scarborough v. Rural Sanitary Authority
of Scarborough^ (1876) i Ex. D. 344, in which case a prohibi-
tion order was held good, but an abatement order was held
bad, as it prescribed the doing an act which might involve the
committal of a trespass.

But that case was not followed in Parker v. Inge^ (1886)
17 Q.B.D. 584, in which case a local authority served a notice
under s. 94 of the Public Health Act, 1875, upon the owner
of premises, requiring him within seven days to abate a
nuisance arising from defective construction of a structural

Nuisances (General).

convenience, and for that purpose to execute certain specified Sect. 4.
works. Having failed to comply with the notice, the owner was
summoned under s. 95 before a court of summary jurisdiction,
and on the hearing it was proved that the premises in question
were occupied by a tenant to the owner under a lease for
twenty-one years, containing the usual covenants. It was held
that the owner, even although he could not enter upon the
premises and execute the works without the tenant's permis-
sion, had made default in complying with the requisitions of
the notice within the meaning of s. 9 5, and that therefore the
Justices had jurisdiction to make an order requiring him to
abate the nuisance ; see s. 116 (2), infra.

The provisions of ss. 91 to 96 of the Public Health Act,
1875, do not apply to a nuisance arising from sewage tanks
and works constructed under s. 27 of that Act, by a local
board of health, and a court of summary jurisdiction has
therefore no power on proof of a nuisance so caused to make
an order for the abatement of such nuisance under s. 96 of
the Public Health Act, 1875, R. v. Farlby, (1889) 22 Q.B.D.
520.

In Barnes v. Akroyd, (1872) L.R. 7 Q.B. 474 ; 41 L.J. M.C.

no, it was held that for a smoke nuisance under s. 19 of the
Sanitary Act, 1866, the occupier of the premises was liable to
be charged under s. 12 of the Nuisances Removal Act, 1855,
and to have an order made upon him for the abatement of the
nuisance, although it may have arisen or have been continued
by the act of the servant employed by him. But in Chisholm
v. Doulton^ (1889) 22 Q.B.D. 736, where proceedings were
taken under the Smoke Nuisance (Metropolis) Act, 1853, and
not under the Sanitary Act, 1866, it was held that the owner
was not responsible for the negligence of a servant, and could
not be convicted.

The owner of works carried on for his profit by his agents
is liable to be indicted for a public nuisance committed by his
workmen, though done by them without his knowledge, and
contrary to his general orders, R. v. Stephens^ (1866) L.R.,
I Q.B. 702.

In the cases of Brown v. Bussell and Francomb v. Freeman^
(1868) L.R. 3 Q.B. 251 ; 37 L.J., M.C. 65, 18 L.T. (N.S.)
19, 16 W.R. 511, 32 J.P. 196 ; A. was the owner of a brewery,
the refuse from which, after being conveyed a considerable
distance along a drain, mingled with the sewage from other
premises, and flowed into an open ditch on land not belonging
to or occupied by A., and where a nuisance in consequence
arose. The refuse from A.'s brewery was the principal cause
of the nuisance. B. was owner of houses occupied by his
tenants, and had constructed a drain to carry off the refuse
from the houses under a private road not belonging to B. into
a stream, which the refuse polluted and converted into a nui-
sance. B. claimed the right to run the refuse from the houses

i8 Public Health (London) Act, 1891.

Sect. 4 into this stream. Held that A. and B. were respectively liable
for the nuisances created.

The Dean and Chapter of St. Paul's were lords of the
manor of Barnes, Surrey, in which manor there is a common
managed and regulated by Conservators. It was held that the
Dean and Chapter were not liable for a pond on the common
which was a nuisance. Guardians of Richmond v. Dean of
St. Paul's, 18 L.T. (N.S.) 522 ; 32 J.P. 374.

Where sewage flowed from the premises of several persons
on to the land of A., and became there a nuisance, although
not a nuisance while on the several premises of the respective
owners, it was held an order might be made upon each party
whose sewage assisted in causing the nuisance. Guardians
of Hendonv, Bowles, (1869) 20 L.T. (N.S.) 609 ; 34 J.P. 19.

The Owner— This means the person receiving the rackrent,
either on his own account or as agent or trustee, or who would
receive it if the premises were let at a rackrent ; see's,. 141.

This definition is the same as that in the Public Health
Act, 1875, but differs from that in s. 2 of the Nuisances
Removal Act, 1855, it omits the words "receives from the
occupier." Cook v. Montagu, L.R., 7 Q.B. 418; 41
L.J. M.C. 149; 26 L.T. (N.S.) 471; 37 J.P. 53, is therefore
no longer binding upon this point.

Notice to abate the nuisance.— Provisions as to the making of
bye-laws for the prevention of nuisances are contained in ss. 16
to 18, infra.

Specifying any works to be executed. — The words at the end
of sub-section (i) do not appear in s. 94 of the Public Health
Act, 1875. Considerable doubt was felt whether under that
section the Sanitary Authority could specify the works required
to be done for the abatement of the nuisance.

In Ex parte Whitchurch, (1881) 6 Q.B.D. 545, the Sanitary
Authority, when giving notice to abate a nuisance caused by
a privy and ash-pit, required the ash-pit to be filled up and
the privy abolished and a pail-closet substituted. On default,
the Court made an order specifying similar works. It was held
that the order was bad, as the owner could not be compelled
to do particular work.

But in Ex parte Saunders, (1883) 11 Q.B.D. 191, where the
Sanitary Authority had required by their notice that a water-
closet in the centre of a house should be removed for the
purpose of ventilation, so as to be against an external wall, it
was held that the owner could be made to do the specified
work.

In R. V. Llewellyn, (1884) 13 Q.B.D. 681, decided upon
ss. 94-96 of the Public Health Act, 1875, a privy openly
discharged night-soil and offensive matter on the bank of a
river. The sanitary authority served the owner of the pre-
mises with a notice to abate the nuisance, and for that pur-

Nuisances (General).

pose " to remove the present pipes and pan, level the floor Sect. 4.
under the seat of the privy, and provide a galvanized double-
handle pail under the seat, the cover of which said seat to be
moveable, so that the premises should no longer be a nuisance
or injurious to health." And the justices at Sessions made
an order in the terms of the notice. It was held that, they
had jurisdiction to make the order ; and Ex parte Saunders
(supra) was followed, and Ex parte Whitchurch dissented
from.

In Whitaker v. Derbv Urban Sanitary Authority, (1885)
55 L.J. M.C. 8 ; 50 J.P. 357 ; (1885) W.N. 201, decided upon
the same sections of the PubHc Health Act, 1875, the
respondents served upon the appellant, who was owner of
certain houses to which were attached privies and ash-pits •
which were a nuisance, a notice requiring him to abate the
nuisance, "and for that purpose to deodorize and fill in
the privies, privy vaults and ash-pits, convert the same to
proper pan water-closets and connect them with the main
sewer." The notice was not complied with. An order was
thereupon made by two justices in the terms of the notice.
It was held a valid order.

In R, V. Wheatley, (1885) 16 Q.B.D. 34, decided upon the
same sections of the Public Health Act, 1875, order of
justices upon the complaint of a local authority required the
owner to abate a nuisance from untrapped drains, " and to
execute such works and do such things as may be necessary
for that purpose, so that the same shall no longer be a nuis-
ance or injurious to health." The order was held bad because
it did not specify what, work and things the owner should
execute and do for the purpose of abating the nuisance.

In The Local Board for Acton v. Lewsey, (1886) 11 App.
Cas. 93, under s. 150 of the Public Health Act, 1875, an
urban sanitary authority gave notice to the owner of premises
to pave part of a street upon which his premises abutted,
specifying the materials and mode and {inter alia) requiring
him to lay down concrete. The owner having failed to com-
ply, the sanitary authority did the work themselves, but,
finding that concrete would be an unnecessary expense,
omitted it. The House of Lords held that the omission to
follow strictly the terms of their own notice did not prevent
the sanitary authority from recovering from the owner his
proportion of the expenses incurred. In that case Lord
Bramwell said : " I desire to add upon the point which
occurred to me, namely, that the Board had no right to
order the way in which the work should be done. I still
have sufficient doubt to recommend local boards, when they
do give orders that work shall be done, not to prescribe the
mode in which it shall be done, but to content themselves
with saying that if done in a particular way it will be satisfac-
tory to them." . ^ -

C 2

20 Public Health (London) Act, 1891.

Sect. i» Any doubt under this section of the Act is removed by the
words of sub-section (2); see also section 37, m/ra, p. 69,
and notes, and s. 43, m/ra.

A nuisance order under s. 5, if it is either an abatement or
prohibition order, may specify the works to be executed.

Sanitary Authority may abate. —The nuisance order may be
addressed to and executed by the Sanitary Authority under
s. 8, z'n/ra ; as to the power of a Sanitary Authority to sell any
matter removed in abating nuisances, see s. 9, zn/ra, and as to
costs, see s. 11.

Sect. 4 (3) (c) (d). It would seem that these sub-sections,
(^r) (d), are superfluous in view of s. 2 (i) (e) and (/).

The corresponding section of the Nuisances Removal Act,
1855, was s. 29. That section provided that if there were no
medical ofificer of health, any two medical practitioners might
certify. This provision is omitted, as under s. 106 of this Act
the appointment of a medical ofificer of health is compulsory.

The penalty under sub-section 4 is ten pounds, whereas
under s. 29 of the Nuisances Removal Act, 1855, the maxi-
mum penalty for overcrowding was forty shillings.

Sect. 4 (3) (d). Another effect of the absence of water
fittings being a nuisance which renders a house unfit for human
habitation, is that a liability to a penalty of twenty pounds is
incurred before the nuisance order of s. 5 is disobeyed, and
before it is even made.

The use of the word " shall " renders it necessary that pro-
ceedings for overcrowding should be taken under this sec-
tion.

Sect. 4 (4). This sub-section (4) is new. The effect of it is to
render the persons mentioned in the sub-section liable to a
penalty for disobeying the notice of the Sanitary Authority,
and also, if his de facto act is wilful, for causing or allowing the
nuisance. A similar provision for a penalty occurs in s. 96 of
the Public Health Act, 1875. The penalty there is five pounds.
The form of order in Schedule HI. to this Act makes no pro-
vision for this. The form may be varied as circumstances
may require; see 130.

Nuisance Order — This is the summary order made by a
Petty Sessional Court under the powers of s. 5. It is of
three kinds : either an abatement order, requiring the abate-
ment of a nuisance ; a prohibition order, prohibiting the
recurrence of a nuisance ; or a closing order, requiring a
house to be closed.

As to the costs and expenses of serving the notice under
section 4, see s. 11 (i), infra.

Even if no nuisance order is made under s. 5 by the Court,
if the nuisance is proved to have existed at the date of the
abatement notice, the person by whose act or default the
nuisance was caused will be liable for the costs.

Nuisances (General).

5.-_(i.) If either— Sect. 5.

{a) the person on whom a notice to abate a On non-com-
nuisance has been served as aforesaid makes P^^^^^^^ ^j^^

.. notice, order

default m complymg with any of the requisi- to be made,
tions thereof within the time specified ; or
(J?,) the nuisance, although abated, since the service
of the notice, is, in the opinion of the sanitary
authority, likely to recur on the same
premises,

the sanitary authority shall make a complaint, and the
petty sessional court hearing the complaint may make
on such person a summary order (in this Act referred
to as a nuisance order).

(2.) A nuisance order may be an abatement order, a
prohibition order, or a closing order, or a combination
of such orders.

(3.) An abatement order may require a person to
comply with all or any of the requisitions of the notice,
or otherwise to abate the nuisance within a time
specified in the order.

(4.) A prohibition order may prohibit the recurrence
of a nuisance.

(5.) An abatement order or prohibition order shall, if
the person on whom the order is made so requires, or
the court considers it desirable, specify the works to be
executed by such person for the purpose of abating or
preventing the recurrence of the nuisance.

(6.) A closing order may prohibit a dwelling-house
from being used for human habitation.

(7.) A closing order shall only be made where it is
proved to the satisfaction of the court that by reason of
a nuisance a dwelling-house is unfit for human habita-
tion, and if such proof is given the court shall make a
closing order, and may impose a fine not exceeding
twenty pounds.

(8.) A petty sessional court, when satisfied that the
dwelling-house has been rendered fit for human
habitation, may declare that it is so satisfied and cancel
the closing order.

(9.) If a person fails to comply with the provisions
of a nuisance order with respect to the abatement of a
nuisance, he shall, unless he satisfies the court that he
has used all due diligence to carry out such order, be
liable to a fine not exceeding twenty shillings a day
during his default ; and if a person knowingly and
wilfully acts contrary to a prohibition or closing order

22 Public Health (London) Act, 1891.

Sect. 5. he shall be liable to a fine not exceeding forty shillings

a day during such contrary action ; moreover the

sanitary authority may enter the premises to which a
nuisance order relates, and abate or remove the nuisance,
and do whatever may be necessary in execution of
such order.

This section reproduces ss. 12, 13, 14 of the Nuisances
Removal Act, 1855, and corresponds to ss. 95-98 of the
Public Health Act, 1875.

Notice.— As to notice necessary, see Amys v. Creed^ (1868)
L.R. 4. Q.B. 122.

Default.— Where the owner of premises had been served with
a notice to abate a nuisance arising from the defective structure
of a structural convenience, and had failed to comply there-
with, it was held that although he could not enter the pre-
mises without the tenant's permission, he had "made default."
Farkerv. Iitge, (1886) 1 7 Q.B.D. 584. See now s. 1 16 (2), infra.

Likely to recur.— As to what is a recurring nuisance see
Drapers. Sperring^ 10 C.B. (N.S.) 113 ; 30 LJ. M.C. 225.

Shall make complaint.— The words are imperative, and on
default of the Sanitary Authority the County Council may pro-
ceed under s. 100 or loi.

Complaint.— Unless the Act under which the proceeding
is taken so requires, a complaint need not be in writing.
(^See II & 12 Vict. c. 43, s. 8.)

The form of summons is given in Form B. in Schedule III.,
infra.

In legal proceedings the Sanitary Authority may appear by
their clerk, or any officer or member duly authorized, s. 123.
Under the Summary Jurisdiction Act, 1848 (11 & 12 Vict,
c. 43), s. II, complaint must be made within six months of
the nuisance.

The Sanitary Authority may take proceedings in the High
Court if summary proceedings would afford an inadequate
remedy, s. 13. The proceedings if summary are to be taken
in manner directed by the Summary Jurisdiction Acts ; see
s. 117, infra.

Petty Sessional Court.— This is defined by the Interpretation
Act, 1889 (52 & 53 Vict. c. 63), s. 13.

If proceedings are taken by a Sanitary Authority for a
nuisance occurring outside its district under s. 14 of this Act
it must proceed in the Court having jurisdiction in the
district where the nuisance arises.

A Justice may act under this Act although he is a member
of a Sanitary Authority or a ratepayer of the district, s. 122.
But see that section and R. v. Meyer, (1875) i Q.B.D. 173,
decided on 30 & 31 Vict. c. 115.

Nuisances (General).

Nuisance order.— The form of the order is given in Schedule Sect. 5.
III., Form C, infra.

The specification of works to be executed under the abate-
ment of prohibition order is only to be made if the defendant
requires it or the Court considers it desirable. See note on
s. 4, supra.

The Court can only make a nuisance order upon a person
who has been served with an abatement notice under s. 4. It
would seem, however, that if a private individual takes pro-
ceedings under s. 12, infra^ to ground such proceedings he
need not previously give a notice under s. 4, as if a com-
plaint was made by an inhabitant under s. 13 of the
Nuisances Removal Act, i860, it was not necessary to have
previously served a notice upon the defendant under s. 21
of the Sanitary Act, 1866. See Cocker v. Cardwell^ (1869)
L.R. 5 Q.B. 15.

The proceedings under this section are criminal pro-
ceedings, R. V. Whitchurch, [1881] 7 Q.B.D. 534; R. v.
Parlby, [1889] W.N. 190 ; re Schofield, [1891] W.N. 127.

Although no nuisance order is made by the Court, the
costs of the abatement notice and of the complaint may be
recovered under s. 11, infra, if the nuisance existed at date of
notice. It is important, therefore, for the Court to decide
that point if no order is made.

Unfit for human habitation. — If the complaint is one re-
specting absence of water fittings, and is proved to be correct,
the house is to be deemed unfit for human habitation, until
the contrary is shown to the satisfaction of the Court ; s. 4.
(3) id).

Closing order.— ^S^^ the Housing of the Working Classes
Act, 1890 (53 & 54 Vict. c. 70) : by s. 29 it defines a closing
order, by reference to the enactments now repealed, for which
this Act is to be substituted, vide infra, s. 142 (7); by s. 32,
local authorities are to inspect their district to find out
houses unfit for human habitation, and to take proceedings
to obtain a closing order against such houses, whether
occupied or not. The penalty of twenty pounds is imposed
by the Housing of the Working Classes Act, 1890, and is
therefore retained in s. 5 (7) of this Act.

There is an appeal, as to which see ss. 6 and 125 of this
Act.

If a case is stated for the opinion of the High Court of
Justice, its decision will be final, as the matter is a criminal
proceeding. See R. v. Whitchurch, supra ; R. v. Parlby^
supra ; re Schofield, supra. Although the proceedings are
criminal, the defendant or the defendant's husband or wife can
give evidence; s. 118.

There was no appeal against an order made under s. 13 of
the Nuisances Removal Act, 1855 (18 & 19 Vict. c. 121), for
abatement of a nuisance, but under s. 1 5 there was an appeal

24 Public Health (London) Act, 1891.

Sect, 5. against a prohibition order. Ex parte Corporation of Liver-
pool, 8 E. & B. 537 ; 27 LJ. M.C. 89.

Where an order for abatement of a nuisance had been made,
and subsequently another order prohibiting the recurrence of
the nuisance, and two informations were laid, one in respect of
each order, it was held there could not be two convictions,
as the act was the same in both cases. Eddleston v. Barnes,
(1875) I Ex. D. 67.

Under the Public Health Act, 1875, s. 96, the Court may
impose a fine of five pounds on the person against whom a
nuisance order is made for failure to abate or prevent the
recurrence of a nuisance, or apparently for having allowed the
nuisance to exist at all.

Under this Act, s. 5 (7), a penalty of twenty pounds may
similarly be imposed in a case where a house is unfit for human
habitation.

The fine imposed under subs. (7) must be distinguished
from the fines under subs. (9) ; the latter are for disregarding
the nuisance order made by the Court.

Before the penalties under subs. (9) can be inflicted, the
defendant will of course have to be brought again before the
Court upon a summons for having disobeyed the nuisance
order. E, v. Jenkins, (1862) 3 B. & S. 116; 32 L.J.
M.C. I ; i?. V. Waterhouse, (1872) L.R. 7. Q.B. 545.

The penalties under the last sub-section are double those
under the repealed section (s. 14) of the Nuisances Removal
Act, 1855, and those under the corresponding section (s. 98)
of the Public Health Act, 1875.

As to the recovery of fines, see note to s. 11, infra, p. 30.

The Sanitary Authority may enter.— But if there is an appeal,
not till the appeal is determined, s. 6 (i), unless the Sanitary
Authority are specially authorized immediately to abate the
nuisance under s. 6 (4).

If the Sanitary Authority do not enter and do the work, a
mandamus to compel them to do so at the suit of a person
aggrieved will not be ordered. Ee Ham Local Board, Ex parte
Basset, (1857) 7 E. & B. 280 ; 26 LJ. M.C. 64.

The default of the Sanitary Authority to enter and do the
work will not exempt the person upon whom the nuisance
order is made from liability to be fined. Tomlins v. Great
Stamnore, 12 L.T. (N.S.) 118; 29 J.P. 117.

The costs and expenses of the Sanitary Authority if they
enter and do the work are provided for in s. 11.

As to proceedings where a nuisance arises outside the district
of the Sanitary Authority, i-^^ s. 14, infra.

Provision as to 6. — (i.) Where a person appeals to the court of
orda^^ ^^^^"^^ quarter sessions against a nuisance order, no liability to
a fine shall arise, nor, save as in this section mentioned,
shall any proceedings be taken or work done under

Nuisances (General).

such order until after the determination or abandon-
rrient of such appeal.

(2.) There shall be no appeal to quarter sessions
against a nuisance order, unless it is or includes a pro-
hibition or closing order, or requires the execution of
structural works.

(3.) Where a nuisance order is made and a person
does not comply with it and appeals against it to the
court of quarter sessions, and such appeal is dismissed
or is abandoned, the appellant shall be liable to a fine
not exceeding twenty shillings a day during the non-
compliance with the order, unless he satisfies the court
before whom proceedings are taken for imposing a fine
that there was substantial ground for the appeal, and
that the appeal was not brought merely for the purpose
of delay, and where the appeal is heard by the court of
quarter sessions, that court may, on dismissing the
appeal, impose the fine as if the court were a petty
sessional court.

(4.) Where a nuisance order is made on any person
and appealed against, and the court which made the
order is of opinion that the continuance of the nuisance
will be injurious or dangerous to health, and that the
immediate abatement thereof will not cause any injury
which cannot be compensated by damages, the court
may authorize the sanitary authority immediately to
abate the nuisance ; but the sanitary authority, if they
do so, and the appeal is successful, shall pay the cost of
such abatement and the damages (if any) sustained by
the said person by reason of such abatement ; but, if the
appeal is dismissed or abandoned, the sanitary authority
may recover the cost of the abatement in a summary
manner from the said person.

Sub-sections (i) and (2) correspond to ss. 15 and 16 in the
Nuisances Removal Act, 1855 ; and to s. 99 in the Public
Health Act, 1875. Sub-sections (3) and (4) are new.

Under the Nuisances Removal Act, 1855, there was no
appeal against an abatement order, see Ex parte Corporation of
Liverpool^ 8 E. & B. 537, but there was an appeal against a
prohibition order.

Under the Public Health Act, 1875, there is a right of
appeal in all cases, see ss. 268, 269 of that Act.

Appeals to Quarter Sessions — Any person aggrieved by a
conviction or order made by a Court of Summary Jurisdiction
under this Act, save as otherwise provided in this Act (s. 125,
which see), may appeal to a Court of Quarter Sessions. Under

26 Public Health (London) Act, 1891.

ss. 37 (5) and 41 (3) appeals are given to a person aggrieved
under those sections to the County Council.

Appeal is dismissed or abandoned. — If the appeal is
dismissed the Court of Quarter Sessions would seem to be the
proper tribunal to apply to for the imposition of the fine
mentioned in subs. (3). If the appeal is abandoned, it would
appear better to apply for the imposition of the fine to the
Court of Summary Jurisdiction which made the order in
respect of which the appeal has been abandoned.

This sub-section (3) is designed to prevent frivolous appeals
merely for the purpose of delay, with its consequent immu-
nity from fine by the operation of subs. (i).

Damages sustained by the person. — These would be
recoverable as a civil debt. No provision is made in the Act
for the recovery of them summarily, as in the case of the
expenses of the sanitary authority under s. 11 (2).

7. — Where two convictions for offences relating to
the overcrow^ding of a house or part of a house in any
district have taken place v^ithin a period of three
months (whether the persons convicted were or were not
the same), a petty sessional court may, on the application
of the sanitary authority, order the house to be closed
for such period as the court may deem necessary.

This corresponds to s. 36 of the Sanitary Act, 1866, and to
s. 109 of the Public Health Act, 1875.

Overcrowding, see as to this s. 2 (i) {e\ supra^ p. 6 ; s. 2
(i) is\ -^^/^^^ P- 3 ; s. 2. (2) (ii), supra, p. 13 ; s, 4 (3)
{c\ supra, p. 15. ^

Similar provisions to those contained in this section are
made as to unlawfully occupying underground rooms ; s. 98,
infra.

As to power to make bye-laws to prevent overcrowding in
houses let in lodgings, see s. 94, infra.

House, or part of a house. — It is clear that the two convic-
tions with regard to a house must be in regard to the same
house. It is not quite clear whether, in the case of convictions
with regard to a part of a house, both convictions must be in
regard to the same part of the house, though it seems clear
that the parts must be parts of the same house. "House" in-
cludes schools, factories and other buildings in which persons
are employed, and a house erected under Statutory authority ;
s. 141, infra.

Petty Sessional Court. — See note to s. 5, supra, p. 22.

May order — The words in the Public Health Act, 1875,
s. 109, are " may direct."

It has been thought that under the Public Health Act this
closing order may be made at the time of the second con-

Sect. 6.

Provision in
case of two
convictions
for over-
crowding.

Nuisances (General).

viction, but it would seem that the proper procedure would be Sect. 7.

to make a separate application upon an information, so that

the attendance at the hearing^ of all persons who will be
affected by the order may be secured by summons. The
duration of the closing order is left entirely to the Court.
What the word " necessary " refers to is uncertain, probably
necessary to inflict upon the owner a sufficient pecuniary
punishment in the way of loss of rent. The effect of the
closing order is to prohibit the house from being used for
human habitation. See s. 5 (6) (7), supra^ p. 21, and note, p. 23.

8. — Whenever it appears to the satisfaction of the In certain
petty sessional court that the person by whose act, ^^^^^"^^^^
default, or sufferance, a nuisance liable to be dealt with ^Xessed
summarily under this Act arises, or the owner or to sanitary
occupier of the premises is not known or cannot be found, authority,
then the nuisance order may be addressed to, and if so
addressed shall be executed by, the sanitary authority.

This section reproduces s. 17 of the Nuisances Removal
Act, 1855, and corresponds to s. 100 of the Public Health
Act, 1875.

Petty Sessional Court. — See note to s. 5, supra, p. 22.
PeFson by whose act, default, &c. — See note to s. 4, supra,
p. 16.

Owner. — See note to s. 4, supra, p. 18.

Nuisance order.— ^.^^ note to s. 4 (4), supra, p. 20, and
note to s. 5, supra, p. 23. The form of order is Form D,
Schedule III., infra. '

As to the costs of the sanitary authority, see s. 1 1. It seems
that if the person causing the nuisance or the owner or
occupier of the premises is not known, the order is to be
made on the sanitary authority under s. 8 ; and if the order is
made on the sanitary authority, then, under s. 11, the
expenses shall be deemed money paid for the use and at
the request of the person by whose act, default, or sufferance
the nuisance was caused, i.e., for the person not known.

Under s. 9 there is power to sell anything removed in
abating a nuisance, and to keep the proceeds in payment of
expenses.

Under s. 4 (3) (d) the sanitary authority have the power to
do the work without an order in the circumstances mentioned
in that sub-section.

Owner not known. — If the occupier refuses to state name of
owner, he is liable to penalty of five pounds, s. 116 (3).

9. — Any matter or thing removed by the sanitary Power to sell
authority in abating, or doing what is necessary to manure, &c.
prevent the recurrence of, a nuisance liable to be dealt

28 Public Health (London) Act, 1891.

Sect. 9. with summarily under this Act may be sold by public

auction or, if the authority think the circumstances of

the case require it, may be sold otherwise, or be dis-
posed of without sale ; and the money arising from the
sale may be retained by the sanitary authority, and
appHed in payment of the expenses incurred by them
with reference to such nuisance, and the surplus (if any)
shall be paid, on demand, to the owner of such matter
or thing.

This section reproduces s. 18 of the Nuisances Removal
Act, 1855, and corresponds to s. loi of the Public Health
Act, 1875.

Under the former Act the sale had to be by public auction
after five days' notice, unless the delay was prejudicial to
health, and then on an order by the justices.

Power of 10. — The sanitary authority shall have a right to

entry. enter from time to time any premises —

(a.) for the purpose of examining as to the existence
thereon of any nuisance liable to be dealt
with summarily under this Act, at any hour
by day, or in the case of a nuisance arising in
respect of any business, then at any hour
when that business is in progress or is usually
carried on, and

{b) where under this Act a nuisance has been
ascertained to exist, or a nuisance order has
been made, then at any such hour as aforesaid,
until the nuisance is abated, or the works
ordered to be done are completed, or the
closing order is cancelled, as the case may be,
and

{c^ where a nuisance order has not been complied
with, or has been infringed, at all reasonable
hours, including all hours during which busi-
ness therein is in progress or is usually carried
OHj for the purpose of executing the order.

The corresponding sections to this were s. 11 of the
Nuisances Removal Act, 1855, and ss. 20 and 31 of the
Sanitary Act, 1866. Compare s. 102 of the Public Health
Act, 1875.

Subs, {a) is for the purpose of inspecting to ascertain the
existence of nuisances ; subs, {b) to inspect works ordered to
be done; and subs, {c) for the purpose of the sanitary
authority executing works.

Day. — This is defined by s. 141, infra^ as the period from

Nuisances (General). 29

6 A.M. to 9 P.M. Under the Nuisances Removal Act, 1855, Sect. 10.

the time specified was 9 a.m. to 6 p.m., and under the

Sanitary Act, 1866, during business hours.

Right to enter.— Where the sanitary authority have a right
to enter, they may enter by any member of the authority
(apparently without any authorization), and by any officer
authorized generally or in a particular case; see s. 115 (i),
infra.

Although possibly the member of the authority will require
no authorization, he will require (if it is demanded of him), as
will every authorized person, a written document, properly
authenticated, showing his right to enter, which must be
produced if required ; s. 115 (2).

The proper persons to be appointed are the Medical Officer
of Health and the Sanitary Inspectors. The former has all
the powers of the latter by s. 106 (4).

As to penalties for refusing or failing to admit, see s. 115.

If entry is refused, a justice may grant a warrant under
s. 115 (3), infra.

The form of such warrant is set out in Schedule III., Form
E, infra.

As to obstruction of officers in the execution of this Act,
see s. 116 (i).

For power of entry in execution of other provisions of the
Act, see as to slaughter-houses, s. 20 (7), as to bake-houses,
s. 26 (2), as to dairies, s. 28 (2), as to water-closets, s. 40 (i), as
to unsound food, s. 47 (i), as to disinfection, s. 60 (3), as to
tents and vans, s. 95 (3), as to underground rooms, s. 97 (2),
as to smoke nuisances, s. 23 (6).

Nuisance liable to be dealt with summarily. — This refers to

S.2(l).

Any business. — The provisions as to these are contained in
ss. 19 to 22, and 25 to 28, infra.

Nuisance order — See s. 5 (i), supra^ p. 21.

As to what are reasonable hours, see Small v. Bickley, 32
L.T. (N.S.) 726, where it was held that Sunday was not an
unreasonable time.

11. — (i.) All reasonable costs and expenses incurred Costs of execu-
in serving notice, making a complaint, or obtaining a ^1°^
nuisance order, or in carrying the order into effect, nuisances,
shall be deemed to be money paid for the use and at
the request of the person on whom the order is made ;
or if the order is made on the sanitary authority, or, if
no order is made, but the nuisance is proved to have
existed v^hen the notice was served or the complaint
made, then of the person by whose act, default, or
sufferance, the nuisance was caused ; and in case of
nuisances caused by the act or default of the owner of

30 Public Health (London) Act, 1891.

Sect. 11. premises such costs and expenses may be recovered

from any person who is for the time being owner of

such premises.

(2.) Such costs and expenses, and any fines incurred
in relation to any such nuisance, may be recovered in a
summary manner or in the county court or High Court,
and the court shall have power to divide costs, ex-
penses, and fines between persons by whose acts, defaults,
or sufferance a nuisance is caused, as to it may seem
just.

This section reproduces s. 19 of the Nuisances Removal
Act, 1855, with the addition of the word "sufferance" after
the words act or default when they first occur. Compare with
it s. 104 of the Public Health Act, 1875, under which Act (as
was the case under the Nuisances Removal Act), the costs and
expenses cannot exceed one year's rackrent of the premises.

Order made on Sanitary Authority. — See s. 8.

If no order made — Although no nuisance order is made,
yet, if the nuisance existed when notice requiring abatement was
served, the Sanitary Authority would be entitled to costs up to
and including the hearing of the complaint. It will therefore be
desirable to get a decision as to the existence of the nuisance
at the hearing, though if proceedings are taken under sub-
section (2) in the County Court, or High Court, proof of the
existence could be given to that Court.

Owner — See the definition in s. 141, infra. If the occupier
refuses to give or wilfully misstates the name of the owner, he
is liable to a fine of five pounds, s. 116 (3). Expenses recover-
able from the owner may be recovered from the occupier, who
may deduct the same from his rent. The amount recoverable
in this manner from the occupier cannot be more than the
amount of rent which is for the time being due, or which after
notice not to pay his rent shall become due, s. 121, infra.
See Cooky, Montagu^ (1872) L.R. 7 Q.B. 418, and Guardians
of Bly thing V. Warton^ (1863) 32 L.J. M.C. 132, and the note
on s. 4, supra^ p. 18.

High Court — This is defined by the Interpretation Act,
1889 (52 & 53 Vict. c. 63), s. 13.

The County Court — As to jurisdiction in recovery of fines,
&c., i-^^ s. 117. Under the Public Health Act, 1875, s. 104,
the costs, &c., were recoverable in any County Court.

Summary manner. — See ^. 117.

By the Summary Jurisdiction Act, 1879 (42 & 43 Vict,
c. 49), s. 6 : " Where under any Act, whether past or future, a
sum of money claimed to be due- is recoverable on complaint
to a Court of Summary Jurisdiction, and not on information,
such sum shall be deemed, to be a civil debt, and if recovered

Nuisances (General).

before a Court of Summary Jurisdiction shall be recovered in
the manner in which a sum declared by this Act to be a civil
debt recoverable summarily is recoverable under this Act, and
not otherwise, and the payment of any costs ordered to be
paid by the complainant or defendant in the case of any such
complaint shall be enforced in a like manner as such civil debt
and not otherwise."

And by s. 35 of the same Act : " Any sum declared by this
Act, or by any future Act, to be a civil debt which is recover-
able summarily, or in respect of the recovery of which juris-
diction is given by such Act to a Court of Summary Jurisdic-
tion shall be deemed to be a sum for payment of which a
Court of Summary Jurisdiction has authority by law to make
an order on complaint in pursuance of the Summary Jurisdic-
tion Acts : provided as follows : — (i.) A warrant shall not be
issued for apprehending any person for failing to appear to
answer any such complaint ; and (2.) an order made by a
Court of Summary Jurisdiction for the payment of any such
civil debt as aforesaid or of any instalment thereof, or for the
payment of any costs in the matter of any such complaint,
whether ordered to be paid by the complainant or defendant,
shall not, in default of distress or otherwise, be enforced by
imprisonment, unless it be proved to the satisfaction of such
Court or of any other Court of Summary Jurisdiction for the
same county, borough, or place, that the person making de-
fault in payment of such civil debt instalment or costs, either
has, or has had since the date of the order, the means to pay
the sum in respect of which he has made default, and has re-
fused or neglected, or refuses or neglects, to pay the same, and
in any such case the Court shall have the same power of im-
prisonment as a County Court would for the time being have
under the Debtors Act, 1869, for default of payment if such
debt had been recovered in that Court, but shall not have
any greater power. Proof of the means of the person making
default may be given in such manner as the Court to whom
application is made for the committal to prison think just, and
for the purposes of such proof the person making default and
any witnesses may be summoned and examined on oath,
according to the rules for the time being in force under this
Act in relation to the summoning and examination of witnesses,
or if no such rules are in force, to the rules for the like purpose
made in pursuance of the Employers and Workmen Act,
I87S-"

As to what debts are within this section, see R. v. Paget^
(1881) 8 Q.B.D. 151.

But a fine or penalty, whoever is to receive it, is not a civil
debt under the above section. It is a matter of criminal pro-
ceeding. R. V. Paget, ibid.

Fines are to be paid to the Sanitary Authority and applied
by them in aid of their expenses under this Act ; s. 119, infra.

32 Public Health (London) Act, 1891.

Sect, 11. In Bermondsey Vestry v. Ramsey, (1871) L.R. 6 CP. 247,

under the words "present or any future owner," in the 25 &

26 Vict. c. 102, s. 77, it was held that the power to recover
from the occupier was not barred by an unsatisfied judgment
against a former owner. See also under the same section
Plumstead Board of Works v. Ingoldby, (1872) L.R. 8 Ex. 63,
174.

Power to divide costs — Power is given to the Court to appor-
tion costs between two or more persons liable, who may be
proceeded against jointly ; if some only are proceeded against
they may recover a proportionate part of the costs in a sum-
mary manner from the persons liable who are not proceeded
against, s. 120.

As to recovery of expenses of maintenance of non-pauper
patient in a hospital, see s. 76.

Power of indi- 12. — (i.) Complaint of the existence of a nuisance
^lain\o°usdce ^^^^^^ dealt with summarily under this Act on any

of nuisance, premises within the district of any sanitary anthority
may be made by any person, and thereupon the like
proceedings shall be had with the like incidents and
consequences as to making of orders, fines for disobe-
dience of orders, appeal, and otherwise, as in the case
of a like complaint by the sanitary authority.
(2.) Provided that the court may, if it thinks fit,

{a?) adjourn the hearing or further hearing of the
complaint for the purpose of having an ex-
amination of the premises where the nuisance
is alleged to exist, and may authorize the entry
into such premises of any constable or other
person for that purpose ; and

(3.) authorize any constable or other person to do
all necessary acts for executing an order made
on a complaint under this section, and to
recover the expenses from the person on
whom the order is made in a summary
manner.

(3.) Any constable or other person authorized under
this section shall have the like powers, and be subject
to the like restrictions as if he were an officer of the
sanitary authority authorized under the foregoing pro-
visions of this Act to enter any premises and do any
acts thereon.

This section reproduces with amendment s. 13 of the
Nuisances Removal Act, i860 (23 & 24 Vict. c. 77), which
empowered an inhabitant of a parish to complain as to nui-
sances in the same parish on private premises, and s. 53 of the

Nuisances (General). 33

Sanitary Act, 1874 (37 &38 Vict. c. 89), which extended the Sect. 12.
right to any person aggrieved, or injuriously affected, or to an —
inhabitant or an owner of premises in the parish, and whether
the nuisance was upon pubHc or private premises.

The corresponding section of the PubHc Health Act, 1875,
is s. 105, which reproduces the effect of the above two sections,
and in that respect differs from s. 1 2 of this Act, which applies
to any person.

Under the Nuisances Removal Acts, 1855 and i860, and
the Sanitary Act, 1866, it was held that a private complainant
need not serve the previous notice required from a sanitary
authority (now under s. 4 of this Act) before complaint to a
petty sessional court. Cockers, Cardwell, (1869) L.R, 5 Q.B.
15-

Complaint. — See note to s. 5, supra, p. 22. Information of
nuisances may be given by any person to the sanitary authority
under s. 3.

Under s. 21, infra, any ten inhabitants of a district can
certify to the sanitary authority of the district that any premises
used for trade are a nuisance, upon which certificate the
sanitary authority must take legal proceedings.

Nuisances dealt with summarily.— These are set out in s. 2,
supra, p. 2, where see the notes.

Like proceedings shall be had. — These are regulated by s. 5,
supra, p. 21.

May authorize the entry.— See ss. 115 and 116 for general
provisions as to powers of entry ; and in the case of under-
ground rooms, s. 97 (2), infra. For form of warrant to enter,
see Schedule III., Form E, infra.

Fine.— This will be paid to the sanitary authority, s. 119.

13. — The sanitary authority may, if in their opinion Proceedings in
summary proceedings would afford an inadequate re- for$)atement
medy, cause any proceedings to be taken against any of nuisances,
person in the High Court to enforce the abatement or
prohibition of any nuisance liable to be dealt with
summarily under this Act, or for the recovery of any
fines from, or for the punishment of, any persons offend-
ing against the provisions of this Act relating to such
nuisances, and may pay as expenses of the execution of
this Act their expenses of an incident to all such pro-
ceedings.

This section reproduces s. 30 of the Nuisances Removal
Act, 1855, corresponds to s. 107 of the Public Health
Act, 1875.

Summary proceedings.— These are regulated by s. 5, supra,
p. 21, and ss. 11 7-1 20.

34 Public Health (London) Act, 1891.

Sect. 13. Ally proceedings. — The proceedings must be ordinary pro-

ceedings known to the law, so that in the absence of special

damage a sanitary authority cannot sue in respect of a public
nuisance except with the sanction of the Attorney-General by
action in the nature of an information. Wallasey Local Board
V. Gracey, (1887) 36 Ch. D. 593.

High Court.— This is defined in the Interpretation Act, 1889
(52 & 53 Vict. c. 63), s. 13. A judge or justice is not inca-
pable of acting if a member of a sanitary authority, or if a
ratepayer ; see s. 122 of this Act, infra. The sanitary au-
thority may appear by their clerk or authorized officer, s. 123.

Recovery of fines.— These may be recovered summarily, or
in the county court, s. 11.

All fines will be paid to the sanitary authority, s. 119.

A sanitary a.uthority may act as relators in an action in the
High Court brought by the Attorney-General for the purpose
of abating a public nuisance, and. may themselves maintain
an action for damages for a nuisance affecting property, of
which they are the owners. Attorney- Generals. Logan ^ [1891]
2 Q.B. ICQ.

Power to pro-
ceed where
cause of nuis-
ance arises
without dis-
trict.

38 & 39 Vict,
c. 55.

14. — (i.) Where a nuisance liable to be dealt v^ith
surrimarily under this Act appears to be wholly or
partially caused by some act, default, or sufferance
committed or taking place without the district the in-
habitants of which are affected by the nuisance, the
sanitary authority for that district may take or cause to
be taken against any person in respect of such act,
default, or sufferance any proceedings in relation to
nuisances by this Act authorized with the same inci-
dents and consequences as if such act, default, or
sufferance were committed or took place wholly within
their district ; so, however, that summary proceedings
shall in no case be taken otherwise than before a court
having jurisdiction in the district where the act, default,
or sufferance is alleged to be committed or take place.

(2.) Section one hundred and eight of the Public
Health Act, 1875, set out in the First Schedule to this
Act, shall continue to extend to London, with the sub-
stitution of a sanitary authority under this Act for any
nuisance authority mentioned in the said section, and
any reference in that section to a nuisance in the metro-
polis shall include a nuisance within the meaning of
this Act,

This section in effect re-enacts in this Act s. 108 of the
Public Health Act, 1875; which always applied to London,
although that Act generally did not so apply.

Nuisances (General). '35

It might be contended that sub-section (i) of s. 14 of this Sect. 14.

Act only enabled one sanitary authority to take proceedings

as to nuisances within the section which arise within the dis-
trict of another sanitary authority within London only, as
the Act only applies to London. Sub-section (2) makes it
clear that a sanitary authority within London can take pro-
ceedings as to nuisances arising or caused without London,
and which affect the inhabitants of that district. Section loS
of the Public Health Act, 1875, is set out infra in
Schedule I.

The section was necessary, as it had been held that under
the Acts now repealed a sanitary authority could not proceed
against offences outside the district. R. v. Cotton^ (1858)
I E. & E. 203, 28 L.J. M.C. 22, which case is no longer of
force.

Nuisance liable to be dealt with.— These are set out in s. 2,

supra, p. 2.

Act of default or sufferance.— The word " sufferance " does
not appear in s. 108 of the Public Health Act, 1875. See
note to s. 4, supra, p. 16.

District.- s. 99 (2), infra.

Proceedings by this Act authorized.— As to serving abatement
notice, see s. 4, supra, p. 16. As to summary proceedings,
see s.. 5, supra.

Proceedings in the High Court can be taken under s. 13,
supra.

As to power to proceed against nuisances caused by offen-
sive trades outside their district, see s. 21, infra.

15. — If a person causes any drain, water-closet, earth- Penalty for
closet, privy, or ash-pit to be a nuisance or injurious or tcT^*
dangerous to health by wilfully destroying or damaging cause a nuis-
the same, or any water-supply, apparatus, pipe, or work ance.
connected therewith, or by otherwise wilfully stopping
up, or wilfully interfering with, or improperly using the
same, or any such water-supply, apparatus, pipe, or
work, he shall be liable to a fine not exceeding five
pounds.

This section is an amendment of the law, and is directed
against nuisance and destruction of sanitary fittings and
appliances by tenants. The matters mentioned in the section
all come within the nuisances enumerated in s. 2. But this
section imposes a fine, as does s. 4 (4) {a) ; under this sec-
tion, however, no notice need be served as required by s. 4.
(4).

D 2

36 Public Health (London) Act, 1891.

Sect. 16.

Penalties in respect of particttlar Nuisances.

Bye-laws by 16. — (i.) Every sanitary authority shall make bye-
sanitary autho' laws —
rity and county
council as to
cleansing
streets and
prevention of
nuisances.

for the prevention of nuisances arising from
any snow, ice, salt, dust, ashes, rubbish, offal,
carrion, fish, or filth, or other matter or thing
in any street ; and
(^.) for preventing nuisances arising from any offen-
sive matter running out of any manufactory,
brewery, slaughter-house, knacker's yard,
butcher's or fishmonger's shop, or dunghill,
into any uncovered place, whether or not sur-
rounded by a wall or fence ; and
(^r.) for the prevention of the keeping of animals on
any premises in such place or manner as to be
a nuisance or injurious or dangerous to health ;
and

{d) as to the paving of yards and open spaces in
connexion with dwelling-houses.

(2.) The county council shall make bye-laws —

(a) for prescribing the times for the removal or
carriage by road or water of any foecal or
offensive or noxious matter or liquid in or
through London, and providing that the car-
riage or vessel used therefor shall be properly
constructed and covered so as to prevent the
escape of any such matter or liquid, and as to
prevent any nuisance arising therefrom ; and

(^.) as to the closing and filling up of cesspools and
privies, and as to the removal and disposal of
refuse, and as to the duties of the occupier of
any premises in connexion with house refuse,
so as to facilitate the removal of it by the
scavengers of the sanitary authority.

(3.) It shall be the duty of every sanitary authority
to observe and enforce any bye-laws made under this
section.

(4.) Except as otherwise provided by the bye-laws,
a constable may arrest without warrant and take before
a justice any person whom he finds committing an
offence against such bye-laws and who refuses to give
his true name and address.

(5.) Provided that the bye-laws shall not make it an
offence to lay sand or other material in any street in

Penalties for particular Nuisances. 37

time of frost to prevent accidents, or litter or other Sect. 16.
matter to prevent the freezing of water in pipes, or in '
case of sickness to prevent noise, if the same is laid,
and when the occasion ceases duly removed, in accord-
ance with the bye-laws.

The matters in respect of which bye-laws under this section
are to be made were made offences under ss. 64, 73 and 74
of Michael Angelo Taylor's Act (57 Geo. III. c. xxix) which
was a local Act, afterwards applied to London generally, as to
its provisions for regulating streets and suppressing nuisances,
by the Metropolis Management Act, 1862 (25 & 26 Vict. c.
102), s. 73. See^ as to its repeal on the coming into force of
bye-laws, s. 142, infra.

Similar provisions are contained in s. 60 of the Police
(Metropolitan) Act, 1839 (2 & 3 Vict. c. 47), and in s. 41 of
the City Police Act, 1839 (2 & 3 Vict. c. xciv). See s. 29,
infra, p. 60.

The power to seize without a warrant is taken in a modified
form from the Metropolis Management Act, 1855 (18&19
Vict. c. 120), s. 229.

Under s. 202 of the Metropolis Management Act, 1855
(18 & 19 Vict. c. 120), the London County Council had power
to make bye-laws " for the emptying, cleansing, closing, and
filling up of cesspools and privies, and for other works of
cleansing and of removing and disposing of refuse." These
words in that section are repealed by the schedule to this Act.

Similar powers to those contained in this section are pro-
vided in the PubKc Health Act, 1875, s. 44.

As to power to make bye-laws for tents and vans, see s. 95
(2) infra ; and as to lodgings, s. 94, infra.

Sanitary Authority shall make bye-laws.— By s. 114, all bye-
laws must be made in accordance with the provisions as to
bye-laws in ss. 182 to 186 of the Public Health Act, 1875,
which sections are set out in Schedule I., infra, where see the
notes. Sanitary Authorities are to receive from the County
Council copies of any of that Council's proposed bye-laws two
months before the Council applies for the Local Government
Board's confirmation; s. 114, infra. See also s. 39, infra, for
powers to make bye-laws with respect to water-closets, &c.

Where there are at the commencement of this Act no bye-
laws in force for any purpose, they must be submitted to the
Local Government Board within six months of the com-
mencement of the Act; s. 142 (3), infra.

The bye-laws must be reasonable ; in a rural district a
bye-law was held unreasonable and bad which prohibited
the keeping of swine within fifty feet from a dwelling-house,
Heap V. Burnley Union, (1884) 12. Q.B.D. 617 ; but in
Wanstead Local Board v. Wooster, 38. J. P. 21, Blackburn, J.,
said : " The local board exercised the right given by the Statute

38 Public Health (London) Act, 1891.

Sect. 16. of making the bye-law as to pigs, and the intention was that
the keeping of pigs within 100 feet of a house was so likely to
be a nuisance that it should be prohibited altogether. Such a
rule may well be most reasonable in a populous place, and if it
were necessary in each case to prove that the pig was so kept
as to be actually a nuisance, it would defeat altogether such a
bye-law." And the Court held the bye-law reasonable. A
bye-law under 5 & 6 Wm. IV. c. 76 (Municipal Corpora-
tion Act, 1835), imposed a fine upon every person who
shall keep or suffer to be kept any swine within the said
borough from the first day of May to the 31st day of October
inclusive in any year. It was held, bad as it was general
against keeping pigs. Everett v. Grapes, 3 L.T. (N.S.) 669.

These cases, except as bearing on bye-laws generally, have
no application under this Act as to swine, as to which
see s. 17.

In Slattery v. Nay lor, (1888) 13 App. Cas. 446,. the Privy
Council, in a case on appeal from the Supreme Court of New
South Wales, held that a bye-law made in pursuance of
s. 153 of the Municipalities Act, 1867, empowering municipal
councils to make bye-laws for regulating the interment of
the dead, is not ultra vires by reason of prohibiting interment
altogether in a, particular cemetery and thereby destroying the
private property of the owners of burial-places therein.

In which case Lord Hobhouse, delivering the judgment of
the Privy Council, said : " It is possible that if we were now
discussing how the bye-law should be framed, it might seem
more wise and prudent to make it less absolute. . . . But
supposing that to be so, it is quite a different question whether
a bye-law like the present one is to be held unreasonable
because such considerations have been overlooked or rejected
by its framers. The jurisdiction of testing bye-laws by their
reasonableness was originally applied in such cases as those of
manorial bodies, towns and corporations having inherent
powers or general powers conferred by charter of making such
laws. As new corporations or local administrative bodies have
arisen, the same jurisdiction has' been exercised over them.
But in determining whether or no a bye-law is reasonable, it is
material to consider the relation of its framers to the locality
affected by it, and the authority by which it is sanctioned.
It is quite a different question whether a bye-law can be treated
as unreasonable merely because it does rot contain qualifi-
cations which commend themselves to the minds of
judges. . . . Their lordships feel strong reluctance to question
the reasonable character of bye-laws made under such cir-
cumstances [i.e., as to confirmation, &c.], and doubt whether
they ought to be set aside as unreasonable by a Court of Law,
unless it be in some very extreme case, such as has been
indicated."

The above judgment is set out fully, as it "appears to lay

Penalties FQR particular Nuisances. 39

down a different rule from that followed by the Court as to its
discretion in over-ruling a bye-law in the case of Johnson v.
Mayor of Croydon, (1886) 16 Q.B.D. 708, and Munro
V. Watson, (1887) W.N. 60. See also Torquay Local Board v.
Bridle, (1883) 47 J.P. 183 ; Rudland v. Mayor of Sunderland,
(1885) 52 L.T. (N.S.) 617, 33 W.R. 164, 49 J,R 359 ; Reay
V. Mayor drc. of Gateshead, (1886) 55 & L.T. (N.S.) 92.

The penalties, &c., under these bye-laws will be paid to the
Sanitary Authority, s. 119.

The prosecution for offences against these bye-laws will be
conducted in manner directed by the Summary Jurisdiction
Acts ; see s. 117, infra.

Prevention of nuisances.— As to abatement of nuisances, see
s. 2 to 5, supra, pp. 2-24.

Snow, ice, salt.— By s. 63 of Michael Angelo Taylor's Act
(57 Geo. III. c. xxix.) occupiers of houses, &c., were required,
under a penalty of ten shillings, to sweep and cleanse once a
day, at all times before 10 a.m. in the day, the footway in front
of the house, &c., during the continuance of frost and after a
fall of snow from time to time.

Under s. 60 (6) of the Police (Metropolitan) Act, 1839
(2 & 3 Vict. c. 47), every occupier of a house who did not
keep sufficiently swept and cleansed the footways adjoining his
premises was liable to a fine of forty shillings.

These sections are repealed by s. 142 of this Act, and also
by s. 29 (3), infra.

Street. — This term is defined in s. 141, infra.

Offensive matter.— This sub-section {b) is taken from s. 60 (3)
of the Police (Metropolitan) Act, 1839, by which Act offenders
were liable to a fine of forty shillings ; that section is now
repealed expressly by s. 142, infra.

The obligation upon occupiers or owners to cause footways
adjoining their premises to be swept and cleansed is removed
by s. 29 (3), infra.

Slaughter-house, knacker's-yard.— For provisions relating to
these and other offensive businesses, see ss. 19 to 22, infra.

Keeping of animals.— As to the keeping of swine, see s. 17,
infra.

A petty sessional court has power to prohibit the keeping
of animals in unfit places ; s. 18, infra.

Laying sand in street.— This provision is taken from s. 60
(3) of the Police (Metropolitan) Act, 1839 (2 & 3 Vict. c. 47),
which section is repealed by s. 142 of this Act.

The County Council shall make bye-laws.— By s. 1 14 these bye-
laws are subject to the provisions of ss. 182 to 186 of the Public
Health Act, 1875, which are set out in Schedule I., infra.

The County Council must send a copy of their proposed
bye-laws to every Sanitary Authority, which will have to observe

40 Public Health (London) Act, 1891.

Sect. 16. them two months before applying to the Local Government

Board for their confirmation ; s. 114.

The bye-laws made by the County Council under this Act
will not apply to the City of London ; see s. 133 (d), infra.

As to bye-laws by the County Council for regulating
offensive trades, see s. 19, infra^ and as to water-closets, &c.,
s. 39, infra,\

Penalty for 17. — (i.) A person shall not —

keepins swine

in unfit place. (^.) feed or keep any swine in any locality, premises,
or place which is unfit for the keeping of
swine, or in which the feeding or keeping of
swine may create a nuisance or be injurious to
health, or

{b^ permit any swine to stray or go about in any
street or public place.

(2.) If any person acts in contravention of this
section he shall be liable to a fine not exceeding forty
shillings, and to forfeit the swine, and to a further fine
not exceeding ten shillings for every day during which
he continues such oftence after notice from the sanitary
authority to discontinue the same.

(3.) Any swine found straying or going about in any
street or public place may be seized and removed by
any constable.

(4.) Any premises within forty yards of any street or
public place shall be deemed for the purposes of this
section to be a place unfit for keeping swine.

This section corresponds to s. 91 of the Metropolis
Management Act, 1862 (25 & 26 Vict. c. 102), and s. 68 of
Michael Angelo Taylor's Act (57 Geo. III. c. xxix), and to
s. 60 (5) of the Police (Metropolitan) Act (2 & 3 Vict. c. 47).
See also s. 47 of the PubHc Health Act, 1875.

Keep swine. — Any animal improperly kept will be a
nuisance under s. 2 (i) (^r), supra^ p. 2, where see note. The
sanitary authority may make bye-laws as to keeping any
animals under s. 16, supra^ p. 37, where see cases and notes.

As to power to prohibit keeping in future animals in
improper places, see s. 18, infra.

The keeping of pigs in a city is a Common Law nuisance,
and is indictable as such. R. v. Wigg, 2 Salkeld 460.

Under s. 47 of the Public Health Act, 1875, which does
not contain the words injurious to healthy it was not necessary
• to prove injury to health. Banbury Sanitary Authority v. Page,
(1881) 8 Q.B.D. 97.

jPower to^ro- 13^ — Where it is proved to the satisfaction of a petty
of animals "in sessional court that any locality, premises, or place are or
unfit place.

Penalties for particular Nuisances. 41

is unfit for the keeping of any animal, the court may by Sect. 18.
summary order prohibit the using thereof for that
purpose for the future.

This section is a reproduction of a part of s. 91 of the
Metropolis Management Act, 1862 (25 & 26 Vict. c. 102).
In that Act the provision only applied to swine, and not to a
place where any animal is kept, as in this Act.

There is no penalty imposed in this Act for disobedience of
the order under this section. There was a penalty of ten
shillings a day imposed by s. 91 of the Metropolis Manage-
ment Act, 1862. To recover penalties it would seem that the
sanitary authority will have to serve notice under s. 17 (2),
and recover penalties under that section. A bye-law prohibit-
ing the keeping of pigs within 100 feet of a dwelling-house
has been held not unreasonable. Wanstead v. Wooster, 37
J.P. 403, 38 J.P. 21. See di\so Digby w. West Ham ^ 22 J.P.
304.

Offensive Trades,

19. — (l.) If any person — Prohibition

{a.) establishes anew the following businesses, or of^esTablishing
any of them ; that is to say, the business of anew certain
. blood boiler, bone boiler, manure manufacturer, offensive^si-
soap boiler, tallow melter, or knacker ; or bye-laws^as to

{b.) establishes anew, without the sanction of the offensive busi-
county council, the following businesses, or nesses.
any of them ; that is to say, the business of
fellmonger, tripe boiler, slaughterer of cattle
or horses, or any other business which the
county council may declare by order confirmed
by the Local Government Board and published
in the London Gazette to be an offensive
business,

he shall be liable to a fine not exceeding fifty pounds in
respect of the establishment thereof, and any person
carrying on the same when established shall be liable
to a fine not exceeding fifty pounds for every day
during which he so carries on the same :

(2.) Provided that this enactment shall not render any
person liable to a fine for establishing anew with the
sanction of the county council, or carrying on, the
business of soap boiler, if and as long as that business
is a business in which tallow or any animal fat or oil
other than olein is not used by admixture with alkali
for the production of soap.

(3.) The county council shall give their sanction by

42 Public Health (London) Act, 1891.

Sect. 19. order, but, at least fourteen days before making any

such order, shall make public the application for it, by

serving on the sanitary authority within whose district
the premises on which the business is proposed to be
established are situate, and by advertising, notice of the
application and of the time and place at which they
will be willing to hear all persons objecting to the
order, and by causing a copy of the notice to be affixed
in a conspicuous part of the said premises ; and they
shall consider any objections made at that time and
place, and shall grant or withhold their sanction as they
think expedient.

(4.) The county council may make bye-laws for regu-
lating the conduct of any businesses specified in this
section, which are for the time being lawfully carried
on in London, and the structure of the premises on
which any such business is being carried on, and the
mode in which the said application is to be made.

(5.) Any such bye-law may empower a petty sessional
court by summary order to deprive any person, either
temporarily or permanently, of the right of carrying on
any business to which such bye-law relates, as a punish-
ment for breaking the same, and any person disobeying
such order shall be liable to a fine not exceeding fifty
pounds for every day during which such disobedience
continues.

(6.) Any sanitary authority or person aggrieved by
any proposed bye-law under this section, or by any pro-
posed alteration or repeal of a bye-law, may forward
notice of his objection to the Local Government Board,
who shall consider the same.

(7.) There shall be charged for an order of the county
council under this section, and carried to the county
fund, such fee not exceeding forty shillings as the
county council may fix.

(8.) For the purposes of this section a business shall be
deemed to be established anew not only if it is established
newly, but also if it is removed from any one set of
premises to any other premises, or if it is renewed on the
same set of premises after having been discontinued for
a period of nine months or upwards, or if any premises
on which it is for the time being carried on are enlarged
without the sanction of the county council ; but a busi-
ness shall not be deemed to be established anew on any
premises by reason only that the ownership of such
premises is wholly or partially changed, or that the
building in which it is established having been wholly

Offensive Trades.

or partially pulled down or burnt down has been recon- Secti 19.
structed without any extension of its area. ~~~

(9.) Nothing in this section shall render an order of
the county council necessary to authorize the slaughter
of cattle at the Metropolitan Cattle Market, or at the
cattle market at Deptford, or shall authorize the
making of bye-laws affecting either of those markets or
the slaughter-houses erected thereat either before or
after the commencement' of this Act.

(10.) In the application of this section to the City of
London, the commissioners of sewers shall be substi-
tuted for the county council, and the consolidated rate
for the county fund.

This section reproduces the Slaughter Houses, &c.
(Metropolis) Act, 1874 (37 & 38 Vict. c. 67), with necessary
modifications, and corresponds to s. 1 1 2 of the Public Health
Act, 1875.

Section 5 of the Act -of 1874 is provided for in s. 125 of
this Act ; ss. 7,8 of the Act of 1874 ins. 114 of this Act.
For s. 10, see s. 20 of this Act.

Under s. 17 of the Act of 1874 it was enacted that the
powers of that Act were not to affect the law of nuisances, or •
make legal what would have been illegal if it had not been
passed. As to this, see s. 138 of this Act, tn/ra.

Establishes anew. — A cattle-market company, cattle having
never been slaughtered in the market, after the Public Health
Act, 1848, had been applied to the district, erected a building
in which they allowed persons to slaughter cattle on payment,
the company finding the tackle attached to the building, but
the persons slaughtering bringing their own implements. It
was held the company were liable for having established a
new business. Liverpool Cattle Market v. Hodson, (1867)
L.R. 2 Q.B. 131, and 36 L.J. M.C. 30. The appellants,
without the leave of the sanitary authority, carried on a busi-
ness of steaming bones by placing them in metal cylinders
hermetically sealed, and introducing dry steam, which stripped
the bones and caused no offensive smell, no water being used
in the process. It was held that the appellants could not be
convicted under s. 112 of the Public Health Act, 1875, for
establishing the offensive trade of bone-boiling. Cardiff
Manure Co. v. Cardiff Union^ (1890) 54 J. P. 661.

Subs. (2) is an amendment on the Act of 1874.

In subs, (8) the words not only if it is established newly are
an amendment introduced to remove a doubt which existed
whether the words established anew would apply to an
absolutely new business.

Manure manufacturer — -These words do not occur in s. 112

44 Public Health (London) Act, 1891.

Sect. 19. of the Public Health Act, 1875. See Cardwellw. New Quay
Local Board, 39 J. P. 742.

Knacker — See definition, s. 141, infra.

Slaughterer of cattle or horses — The words or horses are
new. For definition, see s. 141, infra.

Soap-boiler — It would seem that soap-boiling is not an
offensive trade provided that tallow or other animal oils,
other than olein, are not used. So that if only vegetable
oils and fats and olein are used in the business, the soap-
boiling will not be an offensive trade, but where tallow or
other animal fats are used with an admixture of alkali for the
direct production of soap, there would be an offensive trade.
One might therefore make soap with cocoanut oil, palm oil,
cottonseed oil, ohve oil, nut oil, and the like, whilst it would
be an offence to use the most refined animal fat or oil, except
olein.

By "olein" is probably meant "fatty acids," or refined
fat produced from crude animal fat. It is defined in " Web-
ster's Dictionary" (1890) as "a fat, liquid at ordinary tem-
peratures, but solidifying at temperatures below 0° C, found
abundantly in both the animal and vegetable kingdoms. It
dissolves solid fats, especially at 30-40° C. Chemically olein
is a glyceride of oleic acid ; and as three molecules of the
acid are united to one molecule of glyceryl to form the fat,
it is technically known as triolein. It is also called elain.^^
The offensiveness of soap-boiling arises from the process of
refining the crude animal fats and oils. So that it is not
allowed to make " olein " by treating the crude fat or tallow
in order to decompose it into fatty acids and glycerine. It
has been suggested to the editor that making soap direct from
tallow need not be more offensive than making it from vege-
table fats and oils, except where fish oils are used, and that
tallow rendering may or may not be offensive, according to
the methods employed. But under this Act it clearly would
be an offensive trade.

Any other business. — What these are is left to the County
Council to declare, subject to the confirmation of the Local
Government Board, so that the difficulty which arises under
the words any other noxious or offensive trade in s. 112 of the
Pubhc Health Act, 1875, will not occur. But they must be
offensive and ejusdeni generis with those specified in the
section. Passey v. Oxford Local Board, 43 J. P., 62. See
also Braintree Local Board v. Boyton, (1885) 52 L.T. (N.S.)
99, 48 J.P. 582

Liable to fine. — To be recovered as directed in the
Summary Jurisdiction Acts, i-^^ s. 117.

Sanction by order — This must be in writing under the Seal
of the Council, duly authenticated, s. 127.

Offensive Trades.

The notice must be in writing, signed by the Clerk of the Sect. 19.
Council, s. 127.

Copy to be aifixed to premises — This is an amendment.

Council may make bye-laws — The bye-laws of the County
Council, under any powers of this Act, will not apply to the
City of London; sees. 133 (d).

Under subs. (10) in the application of this section to the
City of London the Commissioners of Sewers will be the
controlling authority as under the Slaughter Houses, &c.
(Metropolis) Act, 1874. See also s. 28 (4), infra.

As to the powers of the Council to make bye-laws for
regulating the removal of matters arising from offensive trades,
see s. 16 (2) (a), supra.

All bye-laws will be subject to ss. 182 to 186 of the Public
Health Act, 1875, set out infra ; sees. 114 of this Act.

Petty Sessional Court. — This is defined by the Inter-
pretation Act, 1889 (52 & 53 Vict. c. 63), s. 13 (12).

As to appeals from the decision of a petty sessional court,
see s. 125, infra.

Sanction or Licence — After the Metropolitan Board of Works,
which the London County Council replaced, had given its
order, the Justices, as a matter of course, under s. 10 of the
Slaughter Houses, &c., Act, 1874, had to grant a licence,
as directed under s. 93 of the Metropolis Management Act,
1862. This power of granting licences was transferred to
the County Council by s. 45 of the Local Government Act,
1888 (51 & 52 Vict. c. 41), and will be exercised by that
body now under that section and s. 20 of this Act, infra.

Under s. 94 of the Metropolis Management Act, 1862, a
month's notice had to be given before applying for a knacker's
licence, to be granted under 26 Geo. III. c. 71, or 7 & 8
Vict. c. 87, or the amending Acts. Both these Acts are
repealed by this Act.

Metropolitan Cattle Market. — See s. 20 (8), infra.

20. — (i.) A person carrying on the business of a Licensing of
slaughterer of cattle or horses, knacker, or dairyman, cow-houses
shall not use any premises in London (outside the City housS^^^^^
of London) as a slaughter-house, or knacker's yard, or
a cow^-house or place for the keeping of cows, without
a licence from the county council, and if he does he
shall for each offence be liable to a fine not exceeding
five pounds, and the fact that cattle have been taken
into unlicensed premises shall be primd facie evidence
that an offence under this section has been committed.

(2.) A licence under this section shall expire on such
day in every year as the county council fix, and when
a licence is first granted shall expire on the day so fixed

46 Public Health (London) Act, 1891.

Sect. 20. which secondly occurs after the grant of the licence,
and a fee not exceding five shillings to be carried to
the county fund may be charged for the licence.

(3.) Not less than fourteen days before a licence for
any premises is granted or renewed under this section^
notice of the intention to apply for it shall be served
on the sanitary authority of the district in which the
premises are situate, and that sanitary authority, if
they think fit, may show cause against the grant or
renewal of the licence.

(4.) An objection shall not be entertained to the
renewal of a licence under this section, unless seven
days previous notice of the objection has been served
on the applicant, save that, on an objection being made
of which notice has not been given, the county council
may, if they think it just so to do, direct notice thereof
to be served on the applicant, and adjourn the question
of the renewal to a future day, and require the attend-
ance of the applicant on that day, and then hear the
case, and consider the objection, as if the said notice
had been duly given.

(5.) Where a committee of the county council deter-
mine to refuse, or to recommend the council to refuse,
the renewal of any licence under this section, the county
council shall, on written application made within seven
days after such determination is made known to the
applicant, hear the applicant against such refusal.

(6.) For the purposes of this section a licence shall
be deemed to be renewed where a further licence is
granted in immediate succession to a prior licence for
the same premises.

(7.) The sanitary authority shall have a right to enter
any slaughter-house or knacker's yard at any hour by
day or at any hour when business is in progress or is
usually carried on therein, for the purpose of examining
whether there is any contravention therein of this Act
or of any bye-law made thereunder.

(8.) Nothing in this section shall extend to slaughter-
houses erected before or after the commencement of
this Act in the Metropolitan Cattle Market under the
authority of the Metropolitan Market Act, 185 1, or the
Metropolitan Market Act, 1857.

This section reproduces with amendments s. 93 of the
Metropolis Management Act, 1862 (25 & 26 Vict. c. 102);
s. 10 of the Slaughter Houses, &c. (Metropolis), Act, 1874,
and s. 45 of the Local Government Act, 1888.

Offensive Trades.

Under the Public Health Act, 1875, s. 169, urban authori- Sect. 20.

ties may, if they think fit, provide slaughter-houses and make

bye-laws for the same ; if they do, the Towns Improvement
Clauses Act, 1847 (10 & 11 Vict. c. 34), applies, as to which,
see ss. 1 2 5-1 3 1 of that Act.

Slaughterer of cattle or horses, &c.— These terms are defined,
s. 141, z'n/ra ; the word " horses " is an addition to the terms
of the earlier Act ; " dairyman" includes (under s. 141) cow-
keeper, so that word is omitted in this section.

Carrying on business.— as to what amounts to this,
Liverpool Cattle Market v. Hodson^ set out in note to s. 19,
supra^ p. 43. Where by a clause in a local Act, which closely
followed the language of the Markets and Fair Clauses Act,
1847 (10 & II Vict. c. 14, s. 19), it was enacted that ''no
person shall slaughter any cattle or dress any carcase for
sale as human food in any place within the limits other than
a slaughter-house," it was held that to slaughter cattle on the
private premises of an inhabitant of the town, unless for sale as
human food, was no offence within that clause. Elias v.
Nightingale, 8 E. & B. 698 ; 27 L.J. M.C. 151.

In Reg. V. Hey worth, 14 L.T. (N.S.) 600, a conviction for
"using" an unlicensed slaughter-house under 10 & 11 Vict.,
c. 34, s. 126, was not sustained against a person who merely
paid the owner of the premises for being allowed to kill
animals there. ,

Licence.— note on s. 19, supra, p. 45 ; and. compare
Howarth y. Mayor of Manchester, 6 L.T. (N.S.) 683.

If the occupier of a licensed slaughter-house is convicted
under s. 47 of an offence as to sale, exposure or deposit of
unsound human food, his licence may be cancelled ; s. 47 (5)1
infra.

Fine. — As to method of recovery, see s. 117, infra ; as to
their application, i-^^ s. 119.

County fund.— There is no definition of this term in this Act
or in the Local Government Act, 1888 ; but s. 68 of the latter
Act directs that all receipts of the County Council shall be
carried to the County fund.

Notice to be seryed.—This notice must be in writing signed
by the clerk, s. 12%, infra, and may be served on the sanitary
authority by delivery at or sending by post to the office of the
authority addressed to the sanitary authority or their clerk
s. 128 (2), and may be served on the applicant as directed in
s; 128 (i), infra.

; Committee of the Council — This sub-section (5) is entirely
new. The granting of licences is a matter transferred from the
Justices to the County Council by the Local Government Act,.,
r888 (51 & 52 Vict. c. 41), and under that Act s. 28 (ij " the
County Council shall as respects the business by this Act

48 Public Health (London) Act, 1891.

Sect. 20. transferred to them from quarter sessions or the justices out
of session ... be subject to all the powers, duties and
liabilities which the quarter sessions or any committee thereof,
or any justice or justices had or were subject to in respect of
the business so transferred"; and by sub-section (2) of s. 28,
"The County Council shall, . . . have power to delegate
with or without any restrictions or conditions, as they may
think fit, any powers or duties transferred to them."

The committee must submit its acts to the County Council for
their approval under s. 82 of the Local Government Act, 1888.

The powers of appointing committees under the Metropolis
Management Act, 1855 (18 & 19 Vict. c. 120), are extended to
purposes under this Act, s. 99 (3), infra, and as to the powers
of a committee, see s. 99 (4), infra.

Delegation of powers to a committee will not be equivalent
to resignation of those powers by the delegating body; see
Huth V. Clarke, (1890) 25 Q.B.D. 391.

Right to enter.—This sub-section (7) is new.

As to power of entry for nuisances and other purposes, see
note to s. 10, supra, p. 29, and for general provisions, see ss.
115 and 116, infra.

Metropolitan Cattle Market.— s. 19 (9) supra, p. 43, as
to saving of rights of slaughtering at the Metropolitan Cattle
Market.

The Acts referred to in sub-section (8) are 14 & 15 Vict. c. 6
and 20 & 21 Vict. c. cxxxv ; the earlier Act is repealed by
the latter.

Dutyofsani- 21. — (i.) Where any manufactory, building, or pre-
to complahi^to "^^^^^ uscd for any trade, business, process, or manufac-
justice of nuis- ture, causing effluvia, is certified to the sanitary autho-
ance arising rity by their medical officer of health, or by any two
trade legally qualified medical practitioners, or by any ten
inhabitants of the district of such authority, to be a
nuisance or injurious or dangerous to the health of any
of the inhabitants of the district, such authority shall
make a complaint^ and if it appears to the petty sessional
court hearing the complaint that the trade, business,
process, or manufacture carried on by the person com-
plained of is a nuisance, or causes any effluvia which is
a nuisance or injurious or dangerous to the health of
any of the inhabitants of the district, then, unless it is
shown that such person has used the best practicable
means for abating the nuisance, or preventing or
counteracting the effluvia, the person so offending (being
the owner or occupier of the premises, or being a fore-
man or other person employed by such owner or

Offensive Trades.

<5ccupier) shall be liable to a fine not exceeding fifty Sect. 21.
pounds.

(2.) Provided that the court may suspend its final
determination on condition that the person complained
of undertakes to adopt, within a reasonable time, such
means as the court may deem practicable, and order
to be carried into effect, for abating the nuisance, or
mitigating or preventing the injurious effects of the
effluvia. ^

(3.) The sanitary authority may, if they think fit, on
such certificate as is in this section mentioned, cause to
be taken any proceedings in the High Court against
any person in respect of the matters alleged in such
certificate.

(4.) The sanitary authority may take proceedings
under this section in respect of a manufactory, building,
or premises situate without their district, so, however,
that the summary proceedings shall be had before a
court having jurisdiction in the district where the
manufactory, building, or premises are situate.

(5.) Section one hundred and fifteen of the Public 38 & 39 '^'ict.
Health Act, 1875 (set out in the First Schedule to this ^'
Act), shall continue to extend to London, with the
substitution of a sanitary authority under this Act for a
nuisance authority mentioned in the said section, and
any reference in that section to a nuisance in the
metropolis or to any building, manufactory, or place in
the metropolis which is injurious to health, shall include
any nuisance within the meaning of this Act, and any
manufactory, building, or place which is dangerous to
health.

This section reproduces s. 27 of the Nuisances Removal
Act, 1855 (18 & 19 Vict. c. 121), as amended by s. 18 of the
Sanitary Act, 1866 (29 & 30 Vict. c. 90), which enabled ten
inhabitants to make a complaint.

Certain places specially mentioned in s. 27 of the Nuisances
Removal Act, 1855, as candle-house, melting-house, &c., are
omitted as sufficiently provided for under the general words of
this section or under ss. 19 and 20.

The power given to the defendant to compel the sanitary
authority to take proceedings in the High Court, which was
contained in s. 28 of the Nuisances Removal Act, 1855, is
omitted from this Act, which follows the Public Health
Act, 1875.

The corresponding sections of the Public Health Act, 1875,
are s. 114 as to the first three sub-sections and s. 115 as to
sub-section (4).

50 Public Health (London) Act, 1891.

Sect. 2L Building or premises — Both these terms are defined in
s. 141, i7z/ra.

Effluvia — See Malto?i Local Board v. Malton Manure Co.,.
(1879) 4 Ex. Div. 302, cited supra, p. 4 in note to s. 2.
See also s. 23, infra.

Sanitary authority. — See s. 99, infra, as to who are the
authorities.

If the offensive trade complained of is created by the
sanitary authority in dealing with refu^, complaint can be
made to the county council, who can proceed as a sanitary
authority, s. 22.

Medical officer of health. — See as to appointment and duties,,
ss. 106 and 108, ijifra, and notes thereon.

Legally qualified medical practitioner — This means a person
registered under the Medical Act, 1858 (21 & 22 Vict. c. 90),
s. 34 : by the Medical Act, 1886 (49 & 50 Vict. c. 48), s. 2,
after the ist June, 1887, "a person shall not be registered
under the Medical Acts in respect of any qualification referred
to in any of those Acts, unless he has passed such qualifying
examination in medicine, surgery, and midwifery as is in this
Act mentioned." Section 3 of that Act gives a list of the
bodies who are to hold such examinations.

Ten inhabitants. — Under s. 12, supra, p. 32, any person can
take proceedings for nuisances before justices.

Nuisance or injurious or dangerous to health, — See note on
these words in s. 2, supra.

Shall make a complaint. — The section is imperative. In
case of default, the county council can proceed under s. 100,
infra. In case of default by the commissioners of sewers,
complaint can be made to the Local Government Board under
ss. 134, 135. See, as to complaint, note on s. 5, supra, p. 22^
and as to Petty Sessional Court, note to s. 5 supra.

Best practicable means of abating or preventing. — This is
also a defence under s. 2 (2) (i), supra, p. 3. The onus of
proof is on the defendant.

The defendant or his wife can give evidence ; see s. 118, infra.

As to appeal, see note on s. 5, supra, p. 23.

Proceedings in the High Court — See note to s. 13, supra,
p. 34; as to expenses, see ss. 103 and 119.

Premises without their district — See note to s. 14, supra,
p. 35, as to power to take proceedings for other nuisances.

Provision as to 22. — (i.) The removal of house refuse and street
nuisance refuse by a sanitary authority when collected or de-
created by^^^^^ posited by that authority shall be deemed to be a
in^deTliiig' business carried on by that authority within the mean-
with refuse. ing of the last preceding section, and a complaint or

Offensive Trades.

proceeding under that section in relation to any such
business may be made or taken by the county council
in like manner as if the council were a sanitary
authority.

(2 ) Any premises used by a sanitary authority for
the treatment or disposal of any street refuse or house
refuse, as distinct from the removal thereof, which are a
nuisance or injurious or dangerous to health, shall be a
nuisance liable to be dealt with summarily under this
Act, and for the purpose of the application thereto of
the provisions of this Act relating to such nuisances
the county council shall be deemed to be a sanitary
authority.

This section is an amendment of the law. As to the power
of abating a nuisance caused by carrying out works authorized
by a statute, see Managers of Metropolitan Asylum District v.
Hill, (1881) 6 Ap. Cas. 193, where it was held that if the
terms of a statute are not imperative, but permissive, the dis-
cretion as to the use of the powers conferred should be exer-
cised in strict conformity with private rights.

Removal of refuse. — This duty is imposed upon sanitary
authorities, as to street refuse by s. 29, infra^ and as to house
refuse by s. 30, infra. By s. 32 the sanitary authority have
power to dispose of the refuse as they think proper, but in
exercising this power they will do so subject to the provisions
of this Act as to offensive trades. The authority would not
carry on a business if they contracted for the execution of the
work under s. 31.

The terms " house refuse " and " street refuse " are defined
in s. 141.

The county council — With regard to a nuisance by a sani-
tary authority carrying on business, it would seem that the
medical officer of health of the county council, any two
medical practitioners, or ten inhabitants of the county of
London could complain to the county council. It is pos-
sible that this would be the case, even if the sanitary authority
were the commissioners of sewers, although there is no appeal
from the commissioners of sewers to the county council, and
the power of the county council under s. 100 to proceed in
case of default of a sanitary authority does not extend to the.
commissioners of sewers ; see s. 133.

Sanitary authority. — This term is defined in s. 99, infra.

Premises. — A sanitary authority can hold land for the pur-
pose of their duties without a licence in mortmain j s. 99 (5).

The term " Premises" is defined by s. 141.

E 2

52 Public Health (London) Act, 1891.

Sect. 23.

Furnaces and
steam vessels
to consume
their own
smoke.

Smoke Cottsumption.

23.— ( I.) Every furnace employed in the working of
engines by steam, and every furnace employed in any
public bath or washhouse, or in any mill, factory, print-
ing house, dyehouse, iron foundry, glasshouse, distillery,
brewhouse, sugar refinery, bakehouse, gasworks, water-
works, or other buildings used for the purpose of trade
or manufacture (although a steam engine be not used or
employed therein), shall be constructed so as to con-
sume or burn the smoke arising from such furnace.

(2.) If any person being the owner or occupier of the
premises, or being a foreman or other person employed
by such owner or occupier—

{a) uses any such furnace which is not constructed
so as to consume or burn the smoke arising
therefrom ; or

ih) so negligently uses any such furnace as that the
smoke arising therefrom is not effectually con-
sumed or burnt ; or

(c) carries on any trade or business which occasions
any noxious or offensive effluvia, or otherwise
annoys the neighbourhood or inhabitants, with-
out using the best practicable means for pre-
venting or counteracting such effluvia or other
annoyance ;

such person shall be liable to a fine not exceeding five
pounds, and on a second conviction to a fine of ten
pounds, and on each subsequent conviction to a fine
double the amount of the fine imposed on the last pre-
ceding conviction.

(3.) Every steam engine and furnace used in the
working of any steam vesssel on the River Thames,
either above London Bridge, or plying to and fro
between London Bridge and any place on the River
Thames westward of the Nore light, shall be con-
structed so as to consume or burn the smoke arising
from such engine and furnace ; and if any such steam
engine or furnace is not so constructed, or being so con-
structed is wilfully or negligently used so that the
smoke arising therefrom is not effectually consumed or
burnt, the owner or master of such vessel shall be liable
to a fine not exceeding five pounds, and on a second
conviction to a fine of ten pounds, and on every sub-
sequent conviction to a fine of double the amount of
the fine imposed on the last preceding conviction.

Smoke Consumption.

(4.) Provided that in this section the words " consume Sect. 23.
or burn the smoke " shall not be held in all cases to
mean "consume or burn all the smoke," and the court
hearing an information against a person may remit the
fine if of opinion that such person has so constructed
his furnace as to consume or burn, as far as possible, all
the smoke arising from such furnace, and has carefully-
attended to the same, and consumed or burnt, as far as
possible, the smoke arising from such furnace.

(5.) It shall be the duty of every sanitary authority
to enforce the provisions of this section, and an informa-
tion shall not be laid for the recovery of any fine under
this section except under the direction of a sanitary
authority.

(6.) The provisions of this Act with respect to the
admission of the sanitary authority into any premises
for any purposes in relation to nuisances, and with
respect to the giving of information of a nuisance, shall
apply in like manner as if they were herein re-enacted,
and in term.s made applicable to this section.

(7.) This section shall extend to the port of London,
and as respects the port shall be enforced by the port
sanitary authority.

(8.) Nothing in this section shall alter or repeal any
of the provisions of the City of London Sewers Act, H & 15 Vict.
185 1, or of the Whitechapel Improvement Act, 1853. i5^J'i7 vict

This section reproduces with amendment the Smoke ^-
Nuisance Abatement (Metropolis) Act, 1853 (16 & 17 Vict,
c. 128), as amended by 19 & 20 Vict. c. 107. The amend-
ment introduced by this Act is that s. 5 of 16 & 17 Vict,
c. 128, which enacted that no information was to be laid except
by authority of the Secretary of State or the Commissioner of
Police of the Metropolis or the City of London, is not re-
enacted in this Act, but the duty of enforcing the section is by
sub-section (5) laid upon the sanitary authorities to the exclu-
sion of others, whether authorities or private individuals. The
operation of the provisions is extended to the whole of
London, including the Port of London ; before it applied only
to the Metropolis as defined in 15 & 16 Vict. c. 85.

This section is directed, as was the Smoke Nuisances
Abatement Act, 1853, to the abatement of nuisances from
furnaces, and should be compared with s. 24, which also deals
with smoke nuisances. There is no section of the Public
Health Act, 1875, which exactly corresponds with this section.

Public bath.— By 19 & 20 Vict. c. 107, s. 2, the Act of 1853
was extended to baths and washhouses, although not used for
purposes of trade or manufacture. The other buildings must
be used for purposes of trade or manufacture.

54 Public Health (London) Act, 1891.

Sect. 23. Owner or occupier or foreman.— The defendant in a case was <
the owner and occupier of certain premises (within the opera-
tion of 16 & 17 Vict. c. 128) used for the purpose of manufac- ]
ture, and was summoned under the Smoke Nuisance Act, j
1855, for neghgently using a furnace in such premises, so that i
the smoke arising therefrom was not effectually consumed. •■
The furnace in question was constructed so as to consume its '.
own smoke if carefully used ; and the emission of smoke
complained of was caused by the carelessness of the stoker ;
employed by the defendant to attend to the furnace. The
defendant was not personally guilty of any negligence in con- j
nection with the matter. It was held he was not criminally
responsible for the negligence of his servant, and could not '
be convicted for the offence. Chishohn v. Doulton^ (1889) 22
Q.B.D. 736. But see Barnes v. Akroyd, L.R. 7 Q.B. 474,
cited in note to s. 24, infra, p 55.

Offensive effluvia.— ^^^^ as to nuisances by offensive trades, |

s. 21 and notes, supra, p. 48. ;

Conviction.— as to the use of this word, note on s. 11, ]

supra, p. 31, and R. v. Paget, (i 881) 8 Q.B.D. 151. .1

Yessel.— This is defined as including a boat and every '\

description of vessel used in navigation ; s. 141, infra. \

Any vessel lying in any river or other water within the dis- •

trict of the sanitary authority is subject to the sanitary autho- j

rity as if the vessel were a house ; s. no. ;

Westward of the Nore.— ^^^^ as to case of conviction of vessel \

which also went eastward of the Nore, Walker v. Evans, 2 E. 1

& E. 356 ; 29 L.J. M.C. 22 ; i L.T. (N.S.) 59. |

As to the saving of powers of the Conservators of the ]

Thames, see s. 137, infra. \

Duty of sanitary authority.— Sub-section (5) is imperative. As \

to neglect of duty by sanitary authority, see ss. 100 and loi. j

Information.— Conviction, sipra. \

Admission of the sanitary authority — As to the right of |

entry, see s. 10, and note thereon, supra, p. 28. ;

Port of London.— The Port sanitary authority is the Mayor, ^
commonalty and citizens of the City of London ; s. in.

City of London Sewers Act. The saving clause of subs. (8) \

reproduces 16 & 17 Vict. c. 128 s. 7. As to the saving of \

dther rights and privileges of the commissioners of sewers, see \

s. 133, infra. _ j

As to smoke from locomotives on turnpike roads or high- ]

ways, see s. 30 of the Highways and Locomotives Amendment i

Act, 1878 (41 & 42 Vict. c. 77). ;

24.— j

{a?) Any fireplace or furnace which does not, as far |

as practicable, consume the smoke arising from i

\
I

Summary pro-
ceedings for
abatement of
nuisance.

Smoke Consumption.

the combustible used therein, and which is used
for working engines by steam, or in any mill,
factory, dyehouse, brewery, bakehouse, or gas-
work, or in any manufacturing or trade process
whatsoever ; and
{b.) Any chimney (not being the chimney of a
private dwelling-house) sending forth black
smoke in such quantity as to be a nuisance ;

shall be nuisances liable to be dealt with summarily
under this Act, and the provisions of this Act relating
to those nuisances shall apply accordingly :

Provided that the court, hearing a complaint against
a person in respect of a nuisance arising from a fire-
place or furnace which does not consume the smoke
arising from the combustible used in such fireplace or
furnace, shall hold that no nuisance is created, and dis-
miss the complaint, if satisfied that such fireplace or
furnace is constructed in such manner as to consume as
far as practicable, having regard to the nature of the
manufacture or trade, all smoke arising therefrom, and
that such fireplace or furnace has been carefully
attended to by the person having the charge thereof.

This section reproduces s. 19 (3) of the Sanitary Act, 1866
(29 & 30 Vict. c. 90), and corresponds to similar provisions
contained in s. 91 of the Public Health Act, 1875.

Furnace.— Compare this section with s. 23, where the furnace
need not be in connection with a steam-engine.

By s. 44 of the Nuisances Removal Act, 1855 (18 & 19
Vict. c. 121), which is reproduced in s. 136 of this Act, the
provisions of the former Act did not apply to 'mines or alfect
the smelting of ores, but this saving is omitted from s. 136.

Under the exemption it was held that a nuisance by smoke
from furnaces used in the manufacture of bichrome, a product
of ore and minerals was included, and could not be dealt with
under s. 19 (3) of the Sanitary Act, 1866, which by s. 14 pro-
vided that Part II. should be read as one with the Act of 1855.
Norris v. Barnes, (1872) L.R. 7, Q.B. 537, 41 L.J. M.C. 154.

Under the Sanitary Act, 1866, s. 19 (3), it was held that the
occupier of the premises was liable to be charged, and to have
an order made upon him for the abatement of the nuisance,
although it might have arisen or have been continued by the
act of a servant employed by him upon the premises. Barnes
V. Akroyd, (1872) L.R. 7, Q.B. 475; 41 L.J. M.C. no.
The chimney of a mill sent forth black smoke. The furnace
was properly constructed, and efficient foremen superintended;
the stoker's own negligence being the sole cause of the smoke.
It was held that the owner of the mill was liable under s. 96

56 Public Health (London) Act, 1891.

Sect. 25. of the Public Health Act, 1875. Niven v. Greaves^ (1890)

54 J.P. 548. Compare with this Chisholm v. Doulton^ (1889)

.22 Q.B.D. 736, cited, supra, p. 54, under s. 23.

See also R. v. Waterhouse, L.R. 7, Q.B. 545, 41 LJ. M.C.
115, as to what are distinct offences, where nineteen sum-
monses were heard in respect of nineteen infractions of arn
abatement order on nineteen distinct days.

Consume as far as practicable — As to what this amounts to,
see Cooper y. Woolley, (1867) L.R. 2 Ex. 88 ; 36 LJ. M.C. 27.
Under the Pubhc Health Act, 1875, it has been held that the
proviso applies only to subs, {a) and not to subs. {b). Weekes
V. King, (1885) 53 L.T. (N.S.) 51, 49 J-P- 709.

WorksJwps and Bakehouses.

Limewashing 25. — (l) Where, on the certificate of a medical
and washing of Qf^cer of health or sanitary inspector, it appears to any
sanitary authority that the limewashing, cleansing, or
purifying of any workshop (other than a bakehouse), or
of any part thereof, is necessary for the health of the
persons employed therein, the sanitary authority shali
serve notice in writing on the owner or occupier of the
workshop to limewash, cleanse, or purity the workshop
or part as the case requires, within the time specified in
the notice ; and, if the person on whom notice is so
served fails to comply therewith, he shall be liable to a
fine not exceeding five pounds, and to a further fine not
exceeding ten shiUings for every day during which he
continues to make default after conviction ; and the
sanitary authority may, if they think fit, cause the
workshop or part to be limewashed, cleansed, or
purified, and may recover in a summary manner the
expenses incurred by them in so doing from the person,
on whom the notice was served.

(2.) This section shall apply to any factory which is
41 & 42 Vict, not subject to the provisions of the Factory and Work-
c. 16. shop Act, 1878, and the Acts amending the same, and

to any workplace, in like manner as it applies to a
workshop.

Provisions similar to those contained in this section are
contained in s. 4 of the Factory and Workshop Act, 1891
(54 & 55 Vict. c. 75), which will apply to the districts under
the Public Health Act, 1875. See infra in the Appendix.

As to what factories and workshops are within the opera-
tion of this Act, see note to s. 2 (i) {£), supra, p. 7.

Workshop — This section will apply to (i) any workshop
- .which is not a bakehouse ; (2) any workplace ; (3) any factory

Workshops and Bakehouses. 57

which is not subject to the operation of the Factory and Sect. 25,

Workshop Act, 1878, as amended by the Factory and Work

shop Act, 1 89 1. As to the definition of factory and work-
shop, see note to s. 2 (i) supra p. 7. . "Bakehouse"
means any place in which are baked bread, biscuits, or con-
fectionery, from the baking or selHng of which profit is
derived ; s. 141, infra. See also s. 26, infra.

Medical officer of health — The appointment of medical
officer of health is required by s. 106, infra ; his qualifications
are set out in s. 108. The sanitary inspector is appointed
under s. 107, infra, which section prescribes his duties. The
medical officer of health has all the powers of the sanitary
inspector; s. 106 (4), infra.

As to power of entry, see %. 10, supra^ p. 28, and s. 115,
iiifra.

Sanitary authority shall serve notice. — This section is
imperative, after " it appears to the sanitary authority, &c.
As to default on part of the sanitary authority, see ss. 100,

lOI.

For provisions as to authentication and service of notices,
see ss. 127 and 128, infra.

Fine. — For the recovery of fines and penalties and expenses,
see 117; and as to their application, s. 119, infra.

The fine for continuing the offence will have to be inflicted
on subsequent proceedings. As to the difference between
civil and criminal proceedings, see R. v. Paget, (1881) 8 Q.B.D.
151, and the note to s. 11.

Factory and Workshop Act. — sections which are material
set out infra in Appendix.

If the factory inspector discovers sanitary defects not reme-
diable under the Factory and Workshop Act, 1878, he must
give written notice to the sanitary authority, s. 4 of that Act,
see supra, p. 9. Sanitary conveniences with proper separate
accommodation for persons of each sex, must be provided in
every factory and workshop under s. 38, infra.

26. — (i.) Sections thirty-four, thirty-five, and eighty- Enactments
one of the Factory and Workshop Act, 1878, and ^^^'P^^j^^^^^^
sections fifteen and sixteen of the Factory and Work- 41 & 42 Vict,
shop Act Amendment Act, 1883 (which relate to c. 16.
cleanliness, ventilation, and other sanitary conditions), 46 & 47 Vict,
shall, as respects every bakehouse which is a workshop,
be enforced by the sanitary authority of the district in
which the bakehouse is situate, and they shall be the
local authority within the meaning of those sections.

(2.) For the purposes of this section, the provisions
of this Act with respect to the admission of the sanitary
authority and their officers into any premises for any

58 Public Health (London) Act, 1891

Sect. 26. purpose in relation to nuisances shall apply in like
manner as if they were herein re-enacted and in terms
made applicable to this section ; and every person
refusing or failing to allow the sanitary authority or
their ofhcer to enter any premises in pursuance of those
provisions for the purposes of this section shall be
subject to a fine.

Under the Factory and Workshop Act, 1878, ss. 34, 35, and
81, bakehouses were to be under the factory inspector's con-
trol as to sanitary inspection, &c., but by s. 17 of the Factory
and Workshop Act, 1883, the provisions as to retail bake-
houses were to be enforced by the sanitary authority. As to
factories which are within the provisions of this Act as to
nuisances, see note to s. 2 (i) supra, p. 7.

The material sections of the Factory and Workshop Acts,
1878 to 1891, are set out in the Appendix, infra.

Entry. — The provisions as to entry are contained in s. 10,
supra, p. 28 and ss. 115 and 116, infra.

Bakehouse. — For definition, see 141, i7ifra.

Notice to
factory in-
spector re-
specting child
or woman in
workshop.

27. — If any child, young person, or woman is em-
ployed in a workshop, and the medical officer of the
sanitary authority becomes aware thereof, he shall forth-
with give written notice thereof to the factory inspector
for the district.

This section reproduces s. 17 (2) of the Factory and Work-
shop Act, 1883 (46 & 47 Vict. c. 53). The section is set out
in the Appendix, infi-a. Sub-sections (i) and (2) of s. 17 are
repealed by this Act; see s. 142, and Schedule IV.; and the
Factory and Workshop Act, 1891, repeals sub-sections (2) and
(3) of s. 17 of the Act of 188.3.

Child — By s. 96 of the Factory and W^orkshop Act, 1878,
" child " means a person under the age of fourteen years ;
" young person " means a person of the age of fourteen years
and under the age of eighteen years ; " woman " means a
woman of eighteen years of age and upwards. '

Dairies. " : ^

f Orders and re- 28. — (i.) The Local Government Board may make
\ lairiir' ^""^ ^^^^ general or special orders as they think fit for the
following purposes, or any of them, that is to say, —
{a?) for the registration with the county council of
all persons carrying on the trade of dairymen ;
{b?) for the inspection of cattle in dairies, and for
prescribing and regulating the lighting, venti-

Dairies.

lation, cleansing, drainage, and water supply Sect. 28.
of dairies in the occupation of persons carry-
ing on the trade of dairymen ;

{c) for securing the cleanliness of milk-vessels used
for containing milk for sale by such persons ;

{d.) for prescribing precautions to be taken for pro-
tecting milk against infection or contamina-
tion ;

{e.) for authorizing the county council to make
bye-laws for the purposes aforesaid, or any of
them.

(2.) The county council for the purpose of enforcing
the said orders and any bye-laws made thereunder shall
have the same right to be admitted to any premises as
a sanitary authority have under this Act for the purpose
of examining as to the existence of a nuisance liable
to be dealt with summarily, and the provisions of this
Act shall apply accordingly as if they were herein
re-enacted and in terms made applicable to this section,
and in particular with the substitution of the county
council for the sanitary authority.

(3.) The Local Government Board may by any such
order impose the like fines for offences against orders
made under this section as may be imposed for offences
against the bye-laws of a sanitary authority under this
Act.

(4.) In the application of this section to the City of
London, the mayor, commonalty, and citizens of the
city acting by the council shall be substituted for the
county council, and their expenses in the execution of
this section shall be paid out of the consolidated rate.

This section reproduces s. 34 of the Contagious Diseases
(Animals) Act, 1878 (41 & 42 Vict. c. 74), as amended by
s. 9 of the Contagious Diseases (Animals) Act, 1886 (49 & 50
Vict. c. 32).

Sub-section (i) is from the former Act, as amended by the
latter Act by the substitution of the Local Government Board
for the Privy Council.

Sub-sections (2) and (3) reproduce sub-sections (4) and (5)
of s. 9 of the Act of 1886.

By the Local Government Act, 1888 (51 & 52 Vict, c, 41),
s. 10, the Local Government Board may by provisional order
transfer to the county council the powers under this section.

General or special orders. — These must be under seal ; they
are set out in the x\ppendix, infra.

Under s. 34 of the Act of 1878 the Orders of the Local
Government Board were to be " subject and according to the

6o Public Health (London) Act, 1891.

Sect. 28. provisions " of that Act. Under that Act " disease " means
" cattle-plague (that is to say, rinderpest, or the disease com-
monly called cattle-plague), contagious pleuro-pneumonia of
cattle, foot-and-mouth disease, sheep-pox or sheep-scab."
It was therefore thought that " disease " in any order of the
Local Government Board was restricted to the definition in
the Act, and that the Local Government Board had no power
to make orders for other diseases. As the power to make orders,
is now included in this Act, and repealed in the Contagious
Diseases (Animals) Act, 1878, it would seem to be unfettered
by the interpretation clause in the latter Act.

Dairyman. — This term includes cow-keeper, purveyor of
milk, or occupier of a dairy; s. 141, in/ra. A dairyman will
also require a licence under s. 20, s?^J>ra, p. 45. Dairy fs
defined s. 141, m/ra.

Right to be admitted — The provisions as to entry of
premises are contained in s. 10, supra ^ p. 28, where see note„
and ss. 115 and 116.

City of London — The Sanitary Authority for the City of
London are the commissioners of sewers, s. 99. For provi-
sion as to the City of London, similar to that contained in
this section, see s. 19 {10), supra, p. 43.

Removal of Refuse.
Dutyofsani- 29. — (i.) It shall be the duty of every sanitary
todean^streets ^"^^^^^^X keep the streets of their district, which are
* repairable by the inhabitants at large, including the
footways, properly swept and cleansed so far as is
reasonably practicable, and to collect and remove from
the said streets, so far as is reasonably practicable,
all street refuse.

(2.) If any such street in the district of any sanitary
authority, including the footway, is not properly swept
and cleansed, or the street refuse is not collected and
removed from any such street, so far as is reasonably
pacticable,as required by this section, the sanitary autho-
rity shall be liable to a fine not exceeding twenty pounds.

(3.) So much of any Act as requires the occupier or
owner of any premises in London to cause the footways
and watercourses adjoining the premises to be swept
and cleansed is hereby repealed.

This section is a modification of s. 117 of the Metropolis
Management Act, 1855 (18 & 19 Vict. c. 120). By that
section it was enacted that the sanitary authority " shalJ
cause any footway within their parish or district to be scraped,
swept, or cleansed in such manner, and at such times, as they

Removal of Refuse.

think fit ; but this enactment shall not relieve any occupier Sect. 29.

of any house . . . from liability to scrape, sweep, or cleanse

any part of such footway, or from any penalty for neglect so
to do." By s. 125 of the same Act sanitary authorities had
the power, and were required, " to appoint and employ a
sufficient number of persons, or to contract with any com-
pany or persons, for the sweeping and cleansing of the several
streets within their parish or district, and for collecting and
removing all dirt, ashes, rubbish, ice, snow, and filth, and
for the cleansing out and emptying of privies and cesspools,
sewers and drains, in or under houses and places within their
parish or district and such company or persons are herein-
after referred to as scavengers, and such scavengers or their
servants shall, on such days and at such hours, and in such
manner, as the [sanitary authority] shall from time to time
appoint, sufficiently execute and perform all such works and
duties as they respectively are employed or contract to execute
or perform ; and if any such company or person fail in any
respect properly to execute and perform such works and duties,
such company or person shall, for every such offence, forfeit a
sum not exceeding five pounds."

Under Michael Angelo Taylor's Act (57 Geo. III. c. xxix),
s. 63, occupiers of houses, &c., were required, under a penalty
of ten shillings, to sweep and cleanse, once a day, at all times,
before 10 a.m. in the day, the footway in front of the house,
&c., and from time to time during the continuance of frost
and after a fall of snow.

And by s. 60 (6) of the PoHce (Metropolitan) Act, 1839
(2 & 3 Vict. c. 47), every occupier of a house who did not
keep sufficiently swept and cleansed the footways and water-
courses adjoining his premises was liable to a fine of forty
shillings.

These sections are repealed in effect by subs. (3) and
explicitly by s. 142, infra. See also s. 41 (6) of the City
PoHce Act, 1839 (2 & 3 Vict. c. xciv).

Shall be the duty. — This makes the section imperative even
as to footways.

As to remedy in case of neglect, in addition to the penalty
imposed by subs. (2), see powers of county council in ss. 100
and 1 01, infra.

Street. — This is defined in s. 141, infra. It includes foot-
way.

Street refuse. — This means dust, dirt, rubbish, mud, road-
scrapings, ice, snow, and filth ; s. 141. See also s. 16(1) (a),
sjipra. For provision as to removal of house refuse, see s. 30,
infra ; and as to trade refuse, see ss. 33 and 36, i?ifra.

The refuse is the property of the sanitary authority; s. 32,
infra. The dealing with refuse by the sanitary authority will
be an offensive trade within ss. 19-22. See s. 22.

62 Public Health (London) Act, 1891.

Sect. 30. 30. — (i.) It shall be the duty of every sanitary
-o T f authority —

Removal of

house refuse. (a.) to secure the due removal at proper periods of

house refuse from premises, and the due
cleansing out and emptying at proper periods
of ash-pits, and of earth-closets, privies, and
cesspools (if any), in their district, and the
giving of sufficient notice of the times
. appointed for such removal, cleansing out, and
emptying, and
(b.) where the house refuse is not removed from
any premises in the district at the ordinary
period, or any ash-pit, earth-closet, privy, or
cesspool in or under any building in the
district is not cleansed out or emptied at the
ordinary period, and the occupier of the
premises serves on the authority a written
notice requiring the removal of such refuse, or
the cleansing out and emptying of the ash-pit,
earth-closet, privy, or cesspool, as the case may
be, to comply with such notice within forty-
eight hours after that service, exclusive of
Sundays and public holidays.

(2.) If a sanitary authority fail without reasonable
cause to comply with this section, they shall be liable
to a fine not exceeding twenty pounds.

(3.) If any person in the employ of the sanitary
authority, or of any contractor with the sanitary
authority, demands from an occupier or his servant any
fee or gratuity for removing any house refuse from any
premises, he shall be liable to a fine not exceeding
twenty shillings.

Subs, (i) is an amendment.

Subs. (2) reproduces the effect of s. 59 of 57 Geo. III. c. xxix
(Michael Angelo Taylor's Act,), which imposed a fine of forty-
shillings on the scavengers of the authority for neglect.

Subs. (3) is an amendment.

The object of the section is that sanitary authorities may
appoint fixed periodic times for the removal of house refuse,
and may give notice of the times so that the occupiers may
know them.

Refusing to allow the removal of house refuse would be
obstructing the sanitary authority within s. ii6 (i), infra ; see
also s. 34 (2).

House refuse. — This is defined as ashes, cinders, breeze,
rubbish, night-soil and filth, but does not include trade refuse >
see s. 141.

Removal of Refuse.

As to what substances would be included in ashes is a ques- Sect. 30.
tion of law, and a metropolitan magistrate was required to
state a case for the consideration of the High Court under
s. 33 of the Summary Jurisdiction Act, 1879 (42 & 43 Vict,
c. 49). R. V. Bridge^ (1890) 24 Q.B.D. 609.

The removal of trade refuse must be paid for ; s. 33, infra.

As to what is trade refuse, j-^^ s. 141.

The question whether a particular substance is included in
trade rejuse or house refuse is a question of law, although the
question as to what the substance's nature is, is a question of
fact. R. V. Bridge, supra. See also St. Martinis Vestry v.
Gordon, (1891) i Q.B. 61, cited in note to s. 33, infra.

Ash-pit. — This means ash-pit, dust-bin, ash-tub, or other
receptacle for the deposit of ashes or refuse matter; i-^^ s. 141.

Serves on authority written notice. — This will be duly served
if delivered at, or sent by post to, the office of the authority,
addressed to it or to their clerk ; s. 128 (2), i7tfra.

Sanitary authority liable to fine — In addition to the fine
which may be inflicted under subs. (2), powers are provided
for proceeding by the county council and Local Government
Board under ss. 100 and loi.

The fine will be paid to the county council under s. 119
(i) ; the authority will appear in proceedings by their clerk,
or as directed in s. 123 ; the proceedings will be governed by
s. 117.

Under s. 126 of the MetropoHs Management Act, 1855,
any occupier refusing or failing to permit house refuse to be
removed by the scavengers was liable to a fine of five pounds.
That section is not re-enacted in this section of the Act ; the
section of the Act of 1855 is repealed by s. 142, but only as
from the date of the coming into operation of a bye-law with
the same object.

31. — Every sanitary authority shall employ a Sanitary autho-
sufficient number of scavengers, or contract with any ^^^^ ^° appoint

1 & ' , scavengers.

scavengers, whether a company or mdividuals, for the
execution of the duties of the sanitary authority under
this Act with respect to the sweeping and cleansing of
the several streets within their district, and the collection
and removal of street refuse and house refuse, and the
cleansing out and emptying of ash-pits, earth-closets,
privies, and cesspools.

This section reproduces s. 125 of the Metropohs Manage-
ment Act, 1855 (18 & 19 Vict. c. 120), with the omission of
the provision as to the " cleansing out and emptying ....
sewers and drains in or under houses and places."

This requirement is not included in s. 29, w^hich deals with
cleaning the streets, or in s. 30, as to house refuse.

64 Public Health (London) Act, 1891.

Sect. 31. The penalty of five pounds upon the contractor for failing

to perform his duties is also omitted. Such or a larger

penalty can be inserted in the contract by the authority.

See s. 36, infra, as to power to contract with scavengers for
the removal of stable refuse, &c. If the authority does its
own scavenging it will be subject to ss. 19 to 22 as to carrying
on offensive trades.

Compare with this section, s. 59 of 57 Geo. III. c. xxix.

This section 31 is imperative, and compliance may be
enforced under ss. 100 and loi, infra.

The terms street, street refuse, house refuse, and ash-pit,
are defined in s. 141.

Disposal of 32. — AH street refuse and house refuse collected by
refuse. qj. behalf of a sanitary authority shall be the

property of that authority, and the authority shall have
full power to sell and dispose of the same for the pur-
poses of this Act as they may think proper, and the
person purchasing the same shall have full power to
take, carry away, and dispose of the same for his own
use, and the money arising from the sale thereof shall
be applied toward defraying the expenses of the
execution of this Act.

This section reproduces s. 127 of the Metropolis Manage-
ment Act, 1855 (18 & 19 Vict. c. 120), and the last clause of
s. 59 of Michael Angelo Taylor's Act (57 Geo. III. c. xxix).

Property of sanitary authority — Except in case of default
of removing the refuse by the sanitary authority, any person
other than the sanitary authority or the scavenger removing
refuse is hable to a fine of five pounds ; s. 34 (2), infra. Any
manure, etc., not removed within forty-eight hours after notice
by the sanitary inspector to do so, will become the property
of the sanitary authority ; s. 35.

Owners, &c., 33. — (i.) If the sanitary authority are required by
movalo^f refuse Owner or occupier of any premises to remove any
of trades. trade refuse, that authority shall do so, and the owner
or occupier shall pay to that authority a reasonable sum
for such removal, and such sum, in case of dispute, shall
be settled by the order of a petty sessional court.

(2.) If any dispute or difference of opinion arises
between the owner or occupier and the sanitary
authority as to what is to be considered as trade refuse,
a petty sessional court, on complaint made by either
party, may by order determine whether the subject
matter of dispute is or is not trade refuse, and the deci-
• sion of that court shall be final.

Removal of Refuse.

This section reproduces ss. 128 and 129 of the MetropoKs
Management Act, 1855.

Premises. — This includes messuages, buildings, lands, ease-
ments and hereditaments of any tenure, whether open or
enclosed, whether built on or not, and whether public or
private, and whether maintained or not under statutory
authority. These last words are in accordance with Guardians
of Holborn v. Shoreditch Vestry^ (1876) 2 Q.B.D. 145, in
which it was held that a metropolitan vestry were bound to
remove refuse from the plaintiffs' workhouse.

Trade refuse. — Trade refuse is defined, s. 141, infra, as
the refuse of any trade, manufacture, or business, or of any
building materials.

Clinkers produced in the furnaces of boilers belonging
to an hotel, used for generating steam for the purpose of
supplying power for the electric lighting, and for warming
and cooking and other purposes of the hotel, are not refuse
of a trade, manufacture, or business within the meaning of
this section, and the scavengers are bound to remove them
without payment. See St, Martinis Vestry v. Gordon, (1891)
I Q.B. 61, which disapproved Gay v. Cadby, (1877) 2 C.P.D.
391, where it was held that ashes from coal burnt in the
furnace of a steam engine used for the purpose of sawing and
lifting timber and other materials for carrying on the business
of a pianoforte manufacturer are refuse of a trade, business or
manufacture.

In St. Martinis Vestry v. Gordon, it was decided that the
clinkers were ashes. Speaking of s. 1 28 of the Metropolis Man-
agement Act, 1855, Lord Esher, M.R., says: "I think the
section contemplates different matters from those mentioned in
s. 125. The expression used is altogether new. It is refuse of a
trade, manufacture or business. It is not ' dirt, ashes, rub-
bish, &c., caused by any trade, manufacture or business,' nor
is it any refuse the result of any trade, manufacture or business,
I think that 'refuse of a trade, manufacture or business' is
a known business term, and means something different from
the things which are contemplated by the preceding sections..
I think that the term ' refuse of a manufacture ' applies ta
cases where a material or subject matter is being manufac-
tured into something else, and in the course of manufacture
refuse of such material is produced. Cuttings and
scrapings of iron produced in the manufacture of iron, for
instance, would be refuse of manufacture. . . . Would any
one using words in their ordinary significance in the
English language say that the ashes from the fires which they
[linendrapers] keep up in order to warm the rooms for their
employes or customers are refuse of trade ? The trade of
such a firm is to sell stuffs and articles of wearing apparel,
and from the course of their business there are cuttings of
stuffs left. These might be refuse of their trade, but not

66 Public Health (London) Act, 1891.

Sect. 33. ashes from the fireplaces of their rooms. ... Is there any

difference between ' trade ' and ' business ' for this purpose ?

I think the word ' business ' was probably inserted to meet the
possible suggestion that there could not be a trade except
where articles were bought and sold, and to include busi-
nesses which were not concerned with buying and selling, but
in which refuse might be produced that for the purposes of the
section ought to stand on the same footing as refuse of trade."

Lopes, L.J., defined " refuse of any trade, manufacture or
business " as " what is discarded after the rest has been
utilized for the purpose of working the trade, manufacture or
business— refuse, that is the immediate and direct result of the
trade, manufacture or business, not a kind of refuse which
would arise as much if there was no trade, manufacture or
business, and is only increased in quantity by reason of the
trade, manufacture or business."

Decision final. — By the Summary Jurisdiction Act, 1879,
(42 & 43 Vict. c. 49), s. 33, " any person aggrieved who desires
to question a conviction, order, or determination or other pro-
ceeding of a court of summary jurisdiction on the ground that
it is erroneous in point of law, or is in excess of jurisdiction,
may apply to the court to state a special case," and " if the
court decline to state the case, may apply to the High Court
of Justice for an order requiring the case to be stated." Under
the above words it was held, despite the fact that s. 129 of the
Metropolis Management Act declares that "the decision of the
justices should be final and conclusive," that a case must be
stated, i?. v. Bridge^ (1890) 24 Q.B.D. 609. As s. 33 of
this Act now follows the Act of 1879, question arises,
does this section exclude the operation of s. 33 of the Sum-
mary Jurisdiction Act, 1879 ? On this point compare Beres-
ford Hope v. Lady Sandhurst^ (1889) 23 Q.B.D., at p. 88; Line
V. Warren, (1885) 14 Q.B.D. 548; Crush v. Turner, (1878)
3 Ex. D. 303 \ Thomas v. Kelly, (1888) 13 Ap. Cas. 506.

The nature of the subject matter is a question of fact \ but
whether the subject matter comes within the words " trade
refuse" involves a question of law. R. v. Bridge, (1890) 24
Q.B.D. 609.

34. — (i.) If the sanitary authority, or any persons
employed by them, neglect for the space of seven days
to remove all such house refuse as they are required by'
or in pursuance of this Act to remove, then an occupier
of premises (after twenty-four hours' notice given by
him to the sanitary authority requiring them to remove
the same), may without prejudice to any other proceed-
ing under this Act give away or sell his house refuse ;
and any person who in pursuance of such gift or sale re-
moves the said house refuse shall not be liable to any
fine for so doing.

Provision on
neglect of
scavengers to
lemove dust.

Removal of Refuse.

(2.) Save as aforesaid, if any person other than the Sect. 35.
sanitary authority or their contractors or servants
receives, carries away, or collects any house refuse or
street refuse from any premises or street, such person
shall be liable to a fine not exceeding five pounds.

This section reproduces s. 89 of the Metropolis Manage-
ment Act, 1862 (25 & 26 Vict. c. 102), and ss. 60 and 61 of
Michael Angelo Taylor's Act (57 Geo. III. c. xxix).

House refuse. — It was held in Law v. Dodd, [1848] i Ex.
845, and 17 L.J. M.C. 65, that where metal fell from a brass-
founder's furnace and became mixed with the ashes, the
admixture could not be claimed by the scavenger. See also
Lyndon v. Sta7idbridge, 2 H. & N. 45, 26 L.J. Ex. 386 ;
Collifis V. Paddington Vestry, (1880) 5 Q.B.D. 368 ; and also
the cases and notes on ss. 30 to 33, supra, pp. 62, 65, 66.

Required by this Act to remove. — This provision is
contained in ss. 30 and 31, supra, p. 62.

Any other proceeding — The other proceedings here referred
to are those authorized by s. 30 (2), supra, p. 62, and the
powers contained in ss. 100 and loi, infra.

Liable to fine. — As to recovery of fines and penalties, see
s. 117.

35. — (i.) Where it appears to a sanitary inspector ^f. .

that any accumulation of any obnoxious matter, ^jq^^ of s3ai^
whether manure, dung, soil, filth, or other matter, ought inspector
to be removed, and it is not the duty of the sanitary
authority to remove the same, he shall serve notice on
the owner thereof, or on the occupier of the premises
on which it exists, requiring him to remove the same,
and if the notice is not complied with within forty-
eight hours from the service thereof, exclusive of Sun-
days and public holidays, the matter referred to shall be
the property of the sanitary authority, and be removed
and disposed of by them, and the proceeds (if any) of
such disposal shall be applied in payment of the ex-
penses incurred with reference to the matter removed,
and the surplus (if any) shall be paid on demand to
the former owner of the matter.

(2.) The expenses of such removal and disposal, so
far as not covered by such proceeds, may be recovered
by the sanitary authority in a summary manner from
the former owner of the matter removed, or from the
occupier, or, where there is no occupier, the owner, of
the premises.

This section is an amendment of the law as regards

F 2

68 Public Health (London) Act, 1891.

Sect. 25. London, but similar provision is found in s. 49 of the Public

Health Act, 1875, with a limit of time of 24 hours instead

of, as in this section, 48 hours.

Sanitary inspector. — This is the designation of this officer
throughout the Act, instead of inspector of nuisances, as-
used in the PubHc Health Act, 1875, the Metropolis

Management Act, 1855, and the Nuisances Removal Act,
1863 (26 & 27 Vict. c. 117).

In the Nuisances Removal Act, i860 (23 & 24 Vict. c. 77);
ss. 3, 9, he is called both inspector of nuisances and sanitary
inspector, and in the Nuisances Removal Act, 1855 (^8 & 19^
Vict. c. 121), s. 10, he is called sanitary inspector.

As to the appointment, qualifications, and duties, see ss-
107, 108, and 109, tn/ra.

The medical officer of health has all the powers of a
sanitary inspector, s. 106 (4).

Accumulation. — This may be dealt with as a nuisance under
ss. 2, 4, and 5, siipra^ under which sections a penalty for
neglect to comply with the notice is imposed. There is no
penalty under this section.

Expenses. — As to recovery of these, see 117.

Notice. — As to notices, see ss. 127 and 128.

36. — (i.) The sanitary authority, if they think fit,
may employ a sufficient number of scavengers, or con-
tract with any scavengers, whether a company or
individuals, for collecting and removing the manure and
other refuse matter from any stables and cowhouses
within their district, the occupiers of which signify their
consent in writing to such removal ; provided that —

(<^.) such consent shall not be withdrawn or re-
voked without one month's previous notice ta
the sanitary authority, and
{b?) no person shall be hereby relieved from any
fine to which he may be subject for placing
dung or manure upon any footways or car-
riageways, or for having any accumulation oe
deposit of manure or other refuse matter so as
to be a nuisance or injurious or dangerous ta
health.

(2.) Notice may be given by a sanitary authority (by
public announcement in the district or otherwise) re-
quiring the periodical removal of manure or other refuse
matter from stables, cowhouses, or other premises ; and,
where any such notice has been given, if any person to
whom the manure or other refuse matter belongs fails

Removal of
refuse from
stables, cow
houses, &c.

Removal of Refuse.

to comply with the notice, he shall be liable without Sect. 36.
further notice to a fine not exceeding twenty shillings '
for each day during which such non-compliance con-
tinues.

Sub-section (i) of this section reproduces s. 95 of the Me-
tropolis Management Act, 1862 (25 & 26 Vict. c. 102), and
subs. (2) reproduces s. 53 of the Sanitary Act, 1866, and cor-
responds to s. 50 of the Public Health Act, 1875.

May employ. — Compare these words with those of s. 31,
supra, p. 63, which are imperative.

Relieved from fine. — These words referred to s. 64 of
Michael Angelo Taylor's Act (57 Geo. III. c. xxix), and s. 60
of the Police (Metropolitan) Act, 1839 (2 & 3 Vict. c. 47).
These sections are repealed in part by s. 142, infra, but pro-
visions for the same purpose are made in s. 16, supra, p. 36.
See also ss. 2, 4, and 5, supra.

For bye-laws or as to receptacles for dung, see s. 39 (i), infra.

Regulations as to Water-c/osets, &c.

37. — (i.) It shall not be lawful newly to erect any Obligation to
house or to rebuild any house pulled down to or below provide water-
the ground floor without a sufficient ash-pit furnished
with proper doors and coverings, and one or more
proper and sufficient water-closets according as circum-
stances may require, furnished with suitable water-
supply and water-supply apparatus, and with suitable
trapped soil-pan and other suitable works and arrange-
ments, so far as may be necessary to ensure the efficient
operation thereof

(2.) If any person oflends against the foregoing
enactment of this section, he shall be liable to a fine
not exceeding twenty pounds.

(3.) If at any time it appears to the sanitary authority
that any house, whether built before or after the com-
mencement of this Act, is without such ash-pit or water-
closets as aforesaid, the sanitary authority shall cause
notice to be served on the owner or occupier of the
house, requiring him forthwith, or within such reason-
able time as is specified in the notice, to provide the
.same in accordance with the directions in the notice ;
and, if the notice is not complied with, the said owner
or occupier shall be liable to a fine not exceeding five
pounds, and a further fine not exceeding forty shillings
for each day during which the offence continues ; or
the sanitary authority, if they think fit, in lieu of pro-

70 Public Health (London) Act, 1891.

Sect. 37. ceeding for a fine, may enter on the premises and exe-
cute such works as the case may require, and may
recover the expenses incurred by them in so doing^
from the owner of the house.

(4.) Provided that—

{a) where sewerage or water-supply sufficient for a
water-closet [ is not reasonably available, this
section shall be complied with by the provision
of a privy or earth-closet ; and

(b) where a water-closet has before the commence-
ment of this Act been and is used in common
by the inmates of two or more houses, and in
the opinion of the sanitary authority may
continue to be properly so used, they need not
require a water-closet to be provided for each
house.

(5.) Any person who thinks himself aggrieved by any
notice or act of a sanitary authority under this section
may appeal to the county council, whose decision shall
be final.

This section re-enacts with amendments, ss. 75, 81, 211 of
the Metropolis Management Act, 1855 (18 & 19 Vict. c. 120),
and s. 64 of the Metropolis Management Act, 1862 (25 & 26
Vict. c. 102).

The corresponding sections of the Public Health Act, 1875,
are ss. 35 to 38.

In sub-section (i) instead of a sufficient water-closet or privy y
there is now required, with the exception allowed in sub-
section 4 {a)^ one or ?nore proper and sufficient water-closets.
In sub-section (3) a similar modification is made, and the
proviso as to not disturbing a building which was in s. 81 of
the Metropolis Management Act, 1855, is removed. In sub-
section (4) there is introduced in sub-section ia) the exemp-
tion above mentioned, and in sub-section {h) a privy is no
longer allowed to be used in common by the inmates of two
houses, and the common user of a water-closet by the inmates of
two houses, before the passing of the Act must be in addition,
and not alternatively, to the opinion of the sanitary authority,
that it may be so used — the word or having beon changed to and.

As to the making of bye-laws for water-closets and ash-pits,
see s. 39.

Any house. — This includes any school, factory, or other
building in which persons are employed, and a house wholly
or partly erected under statutory authority ; s. 141. As to the
provision of sanitary conveniences in factories and workshops,
^ee s. 38, infra.

Sufficient ash-pit.— This includes dust-bin, ash-tub, or other

Regulations as to Water-closets, etc. 71

receptacle for refuse, s. 141. The sufficiency of the receptacle Sect. 37.

under sub-section (3) will be determined by the sanitary

authority subject to appeal under sub-section (5) to the
county council, whose decision is final ; and if legal pro-
ceedings are taken, the court will decide whether the order of
the sanitary authority has been made and disobeyed only, and
if in the affirmative the court must fine the defendant. As to
whether or not the order of the sanitary authority is right or
wrong, is not for the court, but the county council. Vestry of
Clerkenwellw Feary^ (1890) 24 Q.B.D. 703. See notQ, infra.

Water-closet.— Under s. 81 of the Metropolis Management
Act, 1855, only one water-closet could be required.

The omission of the word privy renders unimportant on
one point the decision of Tinkler v. The Wandsworth Board
of Works, 27 L.J. Ch. 342, which decided that a district board
could not by a general order require all privies to be converted
into water-closets ; but that the sanitary authority must exercise
their discretion in each particular case, and not act upon a
general rule as to abolishing privies.

The case of Vestry of St, Luke^s Middlesex v. Lewis, infra,
is, however, a distinct authority that a sanitary authority could
order a water-closet to be constructed instead of a privy if
the sanitary authority thought it necessary.

Execute work and recoYer expenses — As to power under this
Act of recovering expenses, see ss. 117, 119, infra, and Vestry
of St. Luke^s Middlesex v. Lewis, i B. & S. 65; 31 L.J.
M.C. 73.

Liable to fine.— The court must, under sub-section (2) im-
pose a fine, if it finds that sub-section (i) has been infringed. It
would seem that the court under this sub-section (2) will be
the judge of the sufficiency of the apparatus, though doubtless
it would be guided by the opinion of the officers of the sanitary
authority. Under sub-section (3) the sanitary authority will
be the judge of the sufficiency j see note supra, and Vestry of
Clerkenwell v. Feary, supra, and see the Guardians of Glutton
v. Pointing, (1879) 4 Q.B.D. 340.

As to proceedings, see s. 117, i^ifra ; and as to appearance
of the sanitary authority by their clerk or duly authorized
officer, see s. 123, infra.

As to application of fines, see s. 119.

If it appear to the authority.— As to effect of these words,
see last note. The authority has power to examine water-
closets, &c., under s. 40, and generally to inspect under s. i.
As to powers of entry, see s. 10, supra, p. 28, and ss. 115,
116, infra.

Notice to be served.— As to authentication and service of
notices, see ss. 127, 128, infra.

The directions in the notice.— These must be in accordance

72 Public Health (London) Act, 1891.

Sect. 37. with the bye-laws made under s. 39, infra. They will pro-
' bably lead to difficulty as to whether specific works may or

may not or must be ordered. Under the Public Health Act,
1875, ss. 94-96, it was held that the order for such specific
works was bad in the case of Ex parte Whitchurch^ (1881)
6Q.B.D. 545.

Under the same sections a similar order was held good in
Ex parte Saunders^ (1883) 11 Q.B.D. 191 ; and in R. v.
Llewellyn, (1884) 13 Q.B.D. 681.

Under the same sections an order of justices upon the com-
plaint of a local authority required the owner to abate a
nuisance from untrapped drains, " and to execute such works
and do such things as may be necessary for that purpose, so
that the same shall no longer be a nuisance or injurious to
health." The order was held bad because it did not specify
what works and things the owner should execute and do for
the purpose of abating the nuisance, R. v. Wheatley, (1885)
16 Q.B.D. 34. See also other cases cited in note to s. 4, supray
p. 18, and see s. 43, infra.

Water-closet used in common.— note supra as to change
in wording of this sub-section. As to punishing joint users for
injury, see s. 46, infra.

Commencement of this Act.— That is January ist, 1892, see
s. 143.

Appeal to county council.— The appeal will be regulated by
ss. 211 and 212 of the Metropolis Management Act, 1855, set
OMt infra in Schedule I. ; see s. 126 of this Act.

If the sanitary authority serving the notice is the com-
missioners of sewers, there will be no appeal to the county
council, s. 133, infra; as s. 211 of Metropolis Management
Act, 1855, which gave the appeal, applied only to district
boards and vestries, and not to the commissioners of sewers,
the provision of s. 133 was required.

This power of appeal does not interfere with the power of
the High Court to grant an injunction to restrain the sanitary
authority; see Tinkler v. Wandsworth Board of Works, 27
L.J. Ch. 342, supra.

Sanitary con- 38. — (i.) Evcry factory, workshop, and workplace,
veniences for Yi^hether erected before or after the passing of this Act,
&c. ' shall be provided with sufficient and suitable accom-

modation in the way of sanitary conveniences, regard
being had to the number of persons employed in or in
attendance at such building, and also where persons of
both sexes are, or are intended to be employed, or in
attendance, with proper separate accommodation for
persons of each sex.

(2.) Where it appears to a sanitary authority that

Regulations as to Water-closets, etc. 73

this section is not complied with in the case of any Sect. 38.
factory, workshop, or workplace, the sanitary authority
shall, by notice served on the owner or occupier of such
factory, workshop, or workplace, require him to make
the alterations and additions necessary to secure such
compliance, and if the person served with such notice
fails to comply therewith he shall be liable to a fine not
exceeding twenty pounds, and to a fine not exceeding
forty shillings for every day after conviction during
which the non-compliance continues.

Factory — This section reproduces s. 2 2 of the Public Health
Acts Amendment Act, 1890 (53 & 54 Vict. c. 59). Compare
•s. 38 of the Public Health Act, 1875.

As to provisions of this Act, with respect to factories, work-
shops, workplaces, see note to s. 2 (i) {g), supra, p. 7 and ss.
25 to 27, and the notes thereon, supra, pp. 56-58.

The material sections of the Factory and Workshops Acts,
1878 to 1891, will be found set out in extenso in the Appen-
dix, infra.

Sanitary conveniences. — This expression includes urinals,
water-closets, earth-closets, privies, and similar conveniences ;
s. 141, infra.

Fine — As to recovery of fines, penalties, etc., see's,. 117, and
as to their application, s. 119, infra. The continuing penalty
under this section will be incurred only after conviction, and
not after the sanitary authority's notice as in s. 37, supra.

39. — (i.) The county council shall make bye-laws Bye-laws as to
with respect to water-closets, earth-closets, privies, ash- water-closets,
pits, cesspools, and receptacles for dung, and the proper
accessories thereof in connexion with buildings, whether
constructed before or after the passing of this Act.

(2.) Every sanitary authority shall make bye-laws
with respect to the keeping of water-closets supplied
with sufficient water for their effective action.

(3.) It shall be the duty of every sanitary authority
to observe and enforce the bye-laws under this section ;
and any directions given by the sanitary authority under
this Act shall be in accordance with the said bye-laws,
and so far as they are not so in accordance shall be
void.

This section corresponds, as to subs, (i), to s. 157 (4) of
the Public Health Act, 1875, and as to subs. (2), to part of
s. 23 of the Public Health Acts Amendment Act, 1890 (53
& 54 Vict. c. 59).

County council. — The bye-laws of the county council will
not extend to the City of London ; s. 133, inf-a.

74 Public Health (London) Act, 1891.

'Sect. 39. As to bye-laws generally, see s. 16, and note, suj>ra, p. 36.

They must be made in accordance with ss. 182 to 186 of the

Public Health Act, 1875, set out m/ra. See s. 114, tn/ra.

Duty of sanitary authority — This is imperative. As to ne-
glect or default, see ss. 100 and loi, infra.

Directions. — See note to s. 37 (3), S7ij>ra, p. 71.

Power for 40, — (i.) The sanitary authority may examine any

sanitary autho- Qf the following works, that is to say, any water-closet,
examinatioTof earth-closct, privy, ash-pit, or cesspool, and any water-
water-closets, supply, sink, trap, siphon, pipe, or other works or
apparatus connected therewith, upon any premises
within their district, and for that purpose, or for the
purpose of ascertaining the course of a drain, may at
all reasonable times by day, after twenty-four hours*
notice has been served on the occupier of the premises,
-or if they are unoccupied on the owner, or in case of
emergency without notice, enter on any premises, and
cause the ground to be opened in any place they think
fit, doing as little damage as may be.

(2.) If any such work as aforesaid is found on ex-
amination to be in accordance with this Act and the
bye-laws of the county council and sanitary authority
and direction of the sanitary authority given in any
notice under this Act, and in proper order and condi-
tion, the sanitary authority shall cause the same to be
reinstated and made good as soon as may be, and shall
defray the expenses of examination, reinstating, and
making good the same, and pay full compensation for
all damages or injuries done or occasioned by the ex-
amination ; but if on examination any such work is
found not to be in proper order or condition, or not to
have been made or provided by any person according
to the said bye-laws and directions, or to be contrary to
this Act, the reasonable expenses of the examination
shall be prepaid to the sanitary authority by the person
offending, and may be recovered by that authority in a
summary manner.

This section reproduces ss. 82 and 84 of the Metropolis
Management Act, 1855 (18 & 19 Vict. c. 120), and s. 11 of
the Nuisances Removal Act, 1855 (18 & 19 Vict. c. 121), and
, corresponds to ss. 40 and 41 of the Public Health Act, 1875.

The provisions for the payment of the expenses of the
sanitary authority if the works are not satisfactory, and the
addition of the words earth-closet and ash-pit are amendments.

Water-supply. — See as to absence of water-supply being a

Regulations as to Water-closets, etc. 75

nuisance, ss. 48 to 50, infra, and s. 41 (i) (<r), infra, and s, 2 Sect.
(i) (/), supra.

Premises. — This term is defined by s. 141, infra.

Day. — This is the period from 6 a.m. to 9 p.m. ; see s. 141.
Under the MetropoHs Management Act, 1855, s. 82, the in-
spection was to be at all reasonable times in the daytime, and
under the Nuisances Removal Act, 1855, s. 11, between
9 A.M. and 6 p.m.; and by s. 31 of the Sanitary Act, 1866
(29 & 30 Vict. c. 90), the entry might be made at any hour
when business was carried on.

Notice. — As to service and authentication of notices, see
ss. 127 and 128, infra.

Enter. — As to power of entry see note to s. 10, supra, p. 28.

Bye-laws and directions — The bye-laws are those referred
to in ss. 39 and 16.

As to directions, see note to s. 37, supra, p. 71.

Expenses. — The recovery of expenses is provided for by
s. 117, and their application by s. 119, itifra.

If work not in order — If not in order, the person offending
will be liable to a fine of ten pounds, and a continuing penalty
of twenty shillings a day while the offence continues ; s. 41.

As to procedure after inspection, see s. 41 (2).

41. — (i.) In any of the following cases — Penalty on

(^.) if on such examination as in the preceding properly"^
section mentioned, any such work as therein making or
mentioned is found not to have been made or a}ten"g wat
provided by any person according to the bye- '
laws of the county council and sanitary
authority, and the directions of the sanitary
authority given in any notice under this Act,
or to be contrary to this Act, or

(3.) if a person, without the consent of the sanitary
authority, constructs or rebuilds any water-
closet, earth-closet, privy, ash-pit, or cesspool
which has been ordered by them either not to
be made, or to be demolished, or

(^.) if a person discontinues any water-supply with-
out lawful authority, or

{d?) if a person destroys any sink, trap, siphon,
pipe, or any connected works or apparatus as
aforesaid either without lawful authority or so
that the destruction creates a nuisance or is
injurious or dangerous to health,

every person so offending shall be liable to a fine not

76 Public Health (London) Act, 1891.

Sect. 41. exceeding ten pounds ; and if he does not, within four-
teen days after notice is served on him by the sanitary
authority, or within any further time allowed by that
authority or appearing to a petty sessional court neces-
sary for the execution of the works, cause such water-
closet, earth-closet, privy, ash-pit, or cesspool to be
altered or reinstated in conformity with the said bye-
laws and directions, or, as the case may be, to be
demolished, or such water-supply to be renewed, or such
sink, trap, siphon, pipe or other connected works or
apparatus to be restored, such person shall be liable to
a fine not exceeding twenty shillings for each day
during which the offence continues ; or the sanitary
authority, if they think fit, in lieu of proceeding for a
fine, may enter on the premises and cause the work to
be done, and the expenses thereof shall be paid by the
person who has so offended.

(2.) If, on such examination as aforesaid, any water-
' closet, earth-closet, privy, ash-pit, or cesspool, or any
water-supply, sink, trap, siphon, pipe, or any of the
connected works or apparatus as aforesaid, appears to
be in bad order and condition, or to require cleansing,
alteration, or amendment, or to be filled up, the sanitary
authority shall cause notice to be served on the owner
or occupier of the premises, upon or in respect of which
the inspection was made, requiring him forthwith, or
within a reasonable time specified in the notice, to do
what is necessary to place the work in proper order and
condition ; and if such notice is not complied with, the
said owner or occupier shall be liable to a fine not
exceeding five pounds and to a further fine not exceeding
forty shillings for each day during which the offence
continues ; or the sanitary authority, if they think fit,
in lieu, of proceeding for a fine, may enter on the pre-
mises and execute the works, and the expenses incurred
by them in so doing shall be paid to them by the
owner or occupier of the premises.

(3.) Any person who thinks himself aggrieved by any
notice or act of a sanitary authority under this section
in relation to any water-closet, earth-closet, privy, ash-
pit, or cesspool, may appeal to the county council,
whose decision shall be final.

This section reproduces ss. 83, 85 and 211 of the Metro-
polis Management Act, 1855 (18 & 19 Vict. c. 120), and s. 64
of the Metropolis Management Act, 1862 (25 & 26 Vict,
c. 102), and corresponds to part of s. 41 of the Public Health
Act, 1875.

Regulations as to Water-closets, etc. 77

As to power to interfere by injunction, see Atto7'ney-General Sect. 4i»
V. Vestry of Clerkenwell^ 1891, W.N. 152.

Bye-laws and directions — The bye-laws are those referred to
in ss. 16 and 39 and 40, supra, pp. 36, 73, 74. As to direc-
tions, see note to s. 37, supra, P- 7i-

Water-supply — See as to absence of water-supply being a
nuisance, ss. 48 to 50, infra, and s. 2 (i) (/), supra, p. 3.

Sanitary authority may enter and do the work. — As to power
of entry, see s. 10, supra, p. 28 and s. 40, supra, p. 74.

Expenses. — These may be recovered under s. 117, and
applied under s. 119.

As to entry, see Vestry of St. Luke's Middlesex v. Lewis {iibi
supra, p. 71).

Appeal. — See as to provisions for appeals, s. 126. This will
not apply to the commissioners of sewers, see s. 133, infra.
The provisions of s. 6 (3), supra, p. 25, pending an appeal are
not extended to appeals under s. 41.

42. — If a water-closet or drain is so constructed or Improper con-
repaired as to be a nuisance or injurious or dangerous ^^^"^f/Qf^'^ ^
to health, the person w^ho undertook or executed such doset or drain,
construction or repair shall, unless he shows that such
construction or repair was not due to any wilful act,
neglect, or default, be liable to a fine not exceeding
twenty pounds :

Provided that where a person is charged with an
offence under this section he shall be entitled, upon
information duly laid by him, to have any other person,
being his agent, servant, or workman, whom he charges
as the actual offender, brought before the court at the
time appointed for hearing the charge, and if he proves
to the satisfaction of the court that he had used due
diligence to prevent the commission of the offence, and
that the said other person committed the offence with-
out his knowledge, consent, or connivance, he shall be
exempt from any fine, and the said other person may
be summarily convicted of the offence.

The proviso is an amendment suggested by similar words in
s. 87 of the Factory and Workshop Act 1878.

It would seem that the other person brought before the
court by the defendant must be his agent, servant or work-
man, and not any other person.

As to the use of the word "conviction" and recovery of penal-
ties, see s. 119, i7ifra, and s. ii, supra, p. 30.

78 Public Health (London) Act, 1891.

Sect. $3.

Sanitary autho-
rity to cause
offensive
ditches, drains,
&c., to be
cleansed or
covered.

18 & 19 Vict,
c. 120.

43. — (i-) Every sanitary authority —

(a.) shall drain, cleanse, cover, or fill up, or cause
to be drained, cleansed, covered, or filled up,
all ponds, pools, open ditches, drains, and
places containing or used for the collection of
any drainage, filth, water, matter, or thing of
an offensive nature, or likely to be prejudicial
to health, which may be situate in their
district ; and

{b.) shall cause notice to be served on the person
causing any such nuisance, or on the owner or
occupier of any premises whereon the same
exists, requiring him, within the time specified
in such notice, to drain, cleanse, cover, or fill
up such pond, pool, ditch, drain, or place, or
to construct a proper drain for the discharge
of such filth, water, matter, or thing, or to
execute such other works as the case may
require.

(2.) If the person on whom such notice is served
fails to comply therewith, he shall be liable to a fine not
exceeding five pounds, and a further fine not exceeding
forty shillings for each day during which the offence
continues ; or the sanitary authority, if they think fit,
in lieu of proceeding for a fine, may enter on the
premises and execute such works as may be necessary
for the abatement of the nuisance, and may recover the
expenses thereby incurred from the owner of the pre-
mises : Provided that —

{a.) the sanitary authority, where they think it
reasonable, may defray all or or any portion
of the said expenses, as expenses of sewerage
are to be defrayed by that authority ; and

(Jb.) where any work which a sanitary authority
does or requires to be done in pursuance of
this section interferes with or prejudicially
affects any ancient mill, or any right con-
nected therewith, or other right to the use of
water, the sanitary authority shall make full
compensation to all persons sustaining damage
thereby, in manner provided by the Metropolis
Management Act, 1855, or if they think fit,
may purchase such mill, or any such right
connected therewith, or other right to the use
of water ; and the provisions of the said Act
with respect to purchases by the sanitary

Regulations as to Water-closets, etc. 79

authority shall be applicable to every such
purchase as aforesaid.

(3.) Any person who thinks himself aggrieved by any
notice or act of a sanitary authority under this section
in relation to the construction, covering, filling up, or
other alteration of any drain may appeal to the county
council, whose decision shall be final.

This section reproduces s. 86 of the Metropolis Manage-
ment Act, 1855, as extended by s. 64 of the Metropolis
Management Act, 1862. These sections should be compared
with ss. 21 and 22 of the Nuisances Removal Act, 1855.
Sub-section (3) reproduces s. 211 of the Metropolis Manage-
ment Act, 1855.

The Public Health Act, 1875, contains no section exactly
representing this section, as the sections of the earlier Acts
referred to above were not re-enacted in the Act of 1875.

Pool, ditch. — These are nuisances which can be summarily
dealt with under s. 2, supra^ p. 2.

Prejudicial to health. — See note on s. 2, supra^ p. 4, on
** nuisance or injurious to health."

Notice to be served. — This will be a written notice ; as to
service and authentication of notices, see ss. 127 and 128,
ififra.

Nuisance. — See note on s. 2, supra, pp. 4, 12.
Owner, premises. — These expressions are defined in s. 141,
infra.

Execute works. — As to the necessity of specifying the works,
see Ex-parte Whitchurch^ and the cases cited in note to s. 4,
supra, p. 18, and to s. 37, supra, p. 72.

Enter.^Powers of entry are contained in s. 10, supra, p. 28
and s. 115, infra ; as to obstruction of officers, see'^. 116, infra.

Fine, expenses. — As to the recovery of fines and expenses,
see ?>. 117, infra.

As to the application thereof, see s. 119.

Expenses of sewerage. — The expenses of vestries and district
boards are defrayed under ss. 158 and 161 of the Metropolis
Management Act, 1855, which are set out in the Appendix,
infra.

Ancient mill. — By s. 136, infra, provision is made for the
protection of rights of navigation of any river and of water-
supply.

Compensation. — This is provided for by ss. 225, 226 of the
Metropolis Management Act, 1855, which are as follows : —

Section 225. — In every case where the amount of any
damage, costs or expenses is by this Act directed to be ascer-

8o Public Health (London) Act, 1891.

— &

Sect. 43. tained or recovered in a summary manner, or the amount of

any damage, costs or expenses is by this Act directed to be

paid, and the method of ascertaining the amount or enforcing
the payment thereof is not provided for, such amount shall, in
case of dispute, be ascertained and determined by, and shall
be recovered before, two justices, and the amount of any com-
pensation to be made under this Act by the said Metropohtan
Board [now the county council] or any vestry or district board
shall, unless herein otherwise provided, be settled in case of
dispute by, and shall be recovered before, two justices, unless
the amount of compensation claimed exceed ;£"5o, in which
case the amount thereof shall be settled by arbitration accord-
ing to the provisions contained in the Lands Clauses Con-
solidation Act, 1845, which are applicable where questions
of disputed compensation are authorized or required to be
settled by arbitration.

Section 226. — Where the amount of any compensation or of
any damage, costs or expenses is to be determined by, or to be
recovered before, two justices, it shall be lawful for any justice,
upon the application ©f either party, to summon the other
party to appear before two justices at a time and place to be
named in such summons, and upon the appearance of such
parties, or in the absence of either of them, upon proof of due
service of the summcsis, it shall be lawful for such two justices
to hear and determine the matter, and for that purpose to
examine such parties, or any of them, and their witnesses, on
oath, and make such order, as well as to costs as otherwise,
as to them may seem just.

See^ as to recovering expenses before two justices, s. 117 of
this Act, infra. The sections of the Land Clauses Consolida-
tion Act, 1845 ^ict- c. 18 ss. 25-37), are set out in the
Appendix, infra. As to the time within which application
for the determination of the amount of compensation must be
made to the Justices, see R. v. Edwards^ (1884) 13 Q.B.D.
586.

Provisions as to purchase. — These provisions are contained
in ss. 149 to 156 of the Metropolis Management Act, 1855^
and are set out in the Appendix, infra.

Appeal to the county council. — There is no appeal from the
commissioners of sewers to the county council, see s. 133,
infra. As to appeals to the county council, see s. 126, infra.

Power to sani- 44. — (i.) Every sanitary authority may provide and
tary authority maintain public lavatories and ash-pits and public
publinon. sanitary conveniences other than privies, in situations
veniences. where they deem the same to be required, and may
supply such lavatories and sanitary conveniences vi^ithi
water, and may defray the expense of providing such
lavatories, ash-pits, and sanitary conveniences, and of

Regulations as to Water-closets, etc. 8i

any damage occasioned to any person by the erection Sect. 44.
or construction thereof, and the expense of keeping the
same in good order, as if they were expenses of sewer-
age.

(2.) For the purpose of such provision the subsoil of
any road, exclusive of the footway adjoining any build-
ing or the curtilage of a building, shall be vested in the
sanitary authority.

This section reproduces with amendment, s. 88 of the
Metropolis Maniagement Act, 1855, and corresponds to s. 39
of the Public Health Act, 1875.

The sanitary authority may make regulations for, and sub-
let or make charge for, the use of sanitary conveniences ; s. 45,
infra.

Sanitary conveniences. — These include urinals, water-closets,
earth-closets, privies, and similar conveniences; s. 141, infra.
The term " ash-pit " is defined in the same section.

In situations where required. — The vestry of St. George,
Hanover Square, acting under the Metropolis Management
Act, 1855, passed a resolution to erect a urinal in Grosvenor
Place, adjacent to the wall of Buckingham Palace. Vice-
chancellor Stuart granted, on the bill filed by a resident nearly
opposed to the site of the proposed urinal, an injunction, till
the hearing of the causes, restraining the vestry. Upon appeal
it was discharged, on the ground that the evidence did not
show that the urinal would be, in point of law, a nuisance.
Biddulph V. St. George^ Hanover Square^ (1864) 3 De G. J..
& S. 493, 33 L.J. Ch. 411.

In Vernon v. Vesiry of St. James ^ Westminster^ (1879) 16
Ch. D. 449, it was held by Malins, V.C., that any question
whether one place or another was more fit for the erection of
a urinal must be left to the decision of the vestry, but that
the vestry would be controlled by the court if they acted in
an unreasonable manner and occasioned a nuisance to the
owners of adjoining property. It was held in the same case
by the Court of Appeal that the erection of a urinal was not
necessarily a nuisance, and that the provisions of the Act
authorizing the vestry to erect urinals, did not empower them
to erect one where it would be a nuisance to the owner of
adjoining property, there being no words in the Act which
expressly or by necessary implication authorized them to«
create a nuisance.

The Metropolitan Poor Act, 1867 (30 Vict. c. 6), authorizes^
the formation of districts for the care of sick poor, creates cor-
porations for that purpose, gives authority to the Local Govern-
ment Board to issue directions to these corporations, enables
them to purchase land and erect buildings, and makes the rates
liable for the outlay. It does not, by direct and imperative
provisions, order these things to be done ; so that, if in doing

82 . Public Health (London) Act, 1891.

Sect. M. them a nuisance is created to the injury of health or property, it

does not afford a statutory protection, and therefore, where

such nuisance was found as a fact, it was held that the district
board could not set up the statute, nor the orders of the Local
Government Board under it, as an answer to an action, or to
prevent an injunction issuing to restrain the board from con-
tinuing the nuisance ; and that on those who seek to establish
that the legislature intended to take away the private rights of
individuals lies the burden of showing that such an intention
appears by express words or necessary implication. And that
where the terms of a statute are not imperative, but permissive,
the fair inference is that the legislature intended that the dis-
cretion as to the use of general powers thereby conferred
should be exercised in strict conformity with private rights. —
Metropolitan Asylum Districts. Hilly (1881) 6 Ap. Cas. 193.

In Sellors v. The Local Board of Health for Matlock Bath,
(1885) 14 Q.B.D. 928, a local board, assuming to act under
the authority of s. 39 of the Public Health Act, 1875, erected
a urinal which was a nuisance to the plaintiff and her tenants
and which depreciated the value of her property. It was held
the plaintiff was entitled to a mandatory injunction to restrain
the board from continuing the urinal, and that it was not a
matter in respect of which the plaintiff's remedy was by way
of compensation under the Act ; and further that notice of
such an action was not required.

Defray expense. — As to the manner of defraying the
■expenses of sewerage, see note to s. 43 (2) (a), supra, p. 78. A
sanitary authority, with the consent of the Local Government
Board, may borrow for the purpose of providing sanitary con-
veniences ; s. 105 (2) infra.

Subsoil of road vested in sanitary authority. — By s. 96 of the
MetropoHs Management Act, 1855, "all streets being high-
ways, and the pavements, stones and other materials thereof,
and all other things provided for the purpose thereof by any
surveyor of highways, or by any person serving the office of
surveyor of highways, or by any vestry or district board, under
this Act, shall vest in and be under the management and con-
trol of the vestry or district board of the parish or district in
which such highways are situate." The corresponding section
in the PubHc Health Act, 1875, is s. 149.

The effect of vesting in the sanitary authority is only for the
public benefit or purposes of the Act ; see, as to this, Wands-
worth Board of Works v. London 6^' South- Western Railway,
(1862) 31 L.J. Ch. 854. ; 8 Jurist (N.S.) 691.

At common law the owner of land abutting on a highway
has a right to the soil of the highway ad medium filum vicE.
This is founded on a presumption of law which exists only in
the absence of evidence of ownership. Whether such pre-
sumption has any application to a street in a town is doubtful.
Beckett V. Corporation of Leeds, ( 1 8 7 1 ) L. R. .7 . Ch. .421. See

Regulations as to Water-closets, etc. 83

further, as to the presumption of ownership, Leigh v. Jack, 5 Sect.

Ex. D. 264, wci<\ Landrock v. Metropolitan District Railway,

{1886) W.N. 195.

In Coverdalew. Charlton, (1878) 4 Q.B.D. 104, which was
decided on ss. 4 and 149 of the Pubhc Health Act, 1875,
Lord Justice Bramwell said : "I have misgiving as to the
meaning of the word 'vest.' Speaking with all respect of
s. 149 of the Public Health Act, 1875, which section is nearly
a repetition of s. 68 of the Public Health Act, 1848, I find it
very difficult to put a meaning upon that word. ... I am
disposed to hold that this ' street ' vests without any property
in the freehold of the soil. The word ' vests ' may have two
meanings : it may mean that a man acquires the property
usque ad cmhim, and to the centre of the earth, but I do not
think that is the meaning here."

And in the same case Lord Justice Brett said : " What is
the ordinary legal signification of the words ' vest in ' when
applied to the subject matter of property ? I think its
signification is to give a property in .... It has been
suggested that this meaning is so wide that it would
give to the local board cellars which may be under
the street, or houses that may be built over the street,
or indeed, mines, however deep, lying under the
street. But when we have decided that the words 'vest
in ' mean to give a property in, a further question would be,
in what does it give the property ? That must depend upon
the subject to which those works relate, and that is not land,
but street ; the section does not say that the land ' shall
vest in,' but that the street shall vest in. ... ' Street '
means more than the surface ; it means the whole sur-
face and so much of the depth as can be used, not unfairly,
for the ordinary purposes of a street. It comprises a depth which
enables the urban authority to do that which is done in every
street, namely, to raise the street and to lay down sewers, for
at the present day there can be no street in a town without
sewers, and also for the purpose of laying down gas and water
pipes. ' Street,' therefore, in my opinion, includes the sur-
face and so much of the depth as may not be unfairly used as
streets are used. It does not include such a depth as would
carry with it the right to mines; neither would ' street ' in-
clude any buildings which happen to be built over the land,
because that is not a part of the street within the meaning of
such an Act as this. If the enactment gives the local board
that property in so much of the land, it gives them the absolute
property in everything growing on the surface of the land.
The legislature have, because the right of owners to the soil
in a ' street ' is of so little value, intentionally taken away
that right, and have given it to the extent I have mentioned
to the local board."

The Metropohs Management Act, 1855, does hot by s. 96

G 2

84 Public Health (London) Act, 1891.

Sect. confer upon a sanitary authority such a property in the streets

situate within their district as to entitle them to maintain an

action for an injunction against the erection of a telephone
wire across a street, the telephone wire being erected at a
great height and causing no appreciable danger to the public or
to the trafific in the street. Wandsworth Board of Works v.
United Telephone Co., (1884) 13 Q.B.D. 904.

In Rolls V. Vestry of St. George the Martyr, (1880) 14
Ch. D. 785, it was held that under s. 96 of the MetropoHs
Management Act, 1855, all streets being for the time high-
ways are vested in the vestry, but only so long as they are
highways, and that when they cease to be highways by being
legally stopped up or diverted the interest of the vestry
determines ; so that it would seem the subsoil would be
diverted from the sanitary authority on the purposes of s. 44
of this Act ceasing.

By the Highways and Locomotives (Amendment) Act, 1878,
s. 27 — " Notwithstanding anything contained in s. 68 of the
PubHc Health Act, 1848, or in s. 149 of the Public Health Act,
1875, all mines and minerals of any description whatsoever under
any disturnpiked road or highway which has or shall become
vested in an urban sanitary authority by virtue of the said sec-
tions, or either of them, shall belong to the person who would be
entitled thereto in case such road or highway had not become
so vested, and the person entitled to any such mine or minerals
shall have the same powers of working and of getting the same
or other minerals as if the road or highway had not become
vested in the urban sanitary authority, but so, nevertheless,
that in such working and getting no damage shall be done to
the road or highway."

Whether there is any necessity for extending a similar
provision to London to protect rights under this section it
is impossible to say. It is probable that the owner of the
adjacent land, if he can establish his right to the subsoil of
any road, would be entitled, on the sanitary convenience being
erected, to compensation for damage under sub-section (i).

Regulations as 45. — (i.) Where a sanitary authority provide and
to public sani- f^aintain any public lavatories, ash-pits, or sanitary con-

tary convem- . i .1 ir » j

ences. vcniences, such authority may —

(^.) make regulations with respect to the manage-
ment thereof, and bye-laws as to the decent
conduct of persons using the same ; and

(<^.) let the same for any term not exceeding three
years at such rent and subject to such condi-
tions as they may think fit ; and

(<:.) charge such fees for the use of any lavatories
or water-closets provided by them as they may
think proper.

Regulations as to Water-closets, etc. 85

(2.) No public lavatory, ash-pit, or sanitary con- Sect. 45.
venience shall be erected in or accessible from any
street without the consent in writing of the sanitary
authority, who may give their consent upon such terms
as to the use thereof or the removal thereof at any time,
if required by the sanitary authority, as they may think
fit.

(3.) If any person erects a lavatory, ash-pit, or
sanitary convenience in contravention of this section,
and after notice to that effect served by the sanitary
authorit}^ does not rem(»^e the same, he shall be liable
to a fine not exceeding five pounds, and to a fine not
exceeding twenty shillings for every day during which
the offence continues after a conviction for the offence.

(4.) Nothing in this section shall extend to any
lavatory or sanitary convenience now or hereafter
erected by any railway company within their railway
station yard or the approaches thereto.

This section reproduces s. 20 of the Public Health Act,
1890 (53 & 54 Vict. c. 59).

Regulations and bye-laws — The bye-laws will have to be in
conformity with ss. 182 to 186 of the Public Health Act,
1875, set out in the First Schedule to this Act, infra ; s. 114,
tn/ra.

As to manner in which sanitary authorities may contract,
see note to s. 43, supra^ p. 78, and s. 149 of the Metropolis
Management Act, 1855, set out, infra^ in the Appendix.

Accessible from the street. — This must mean directly
accessible from the street. See Chibnall v. Paul Son, cited
in note to s. 2, supra, p. 5.

Fine. — As to procedure, see 117, infra ; and as to applica-
tion of fines, s. 119, infra.

The fine for continuing the offence will have to be inflicted
upon a proceeding subsequent to the conviction.

46. — The following provisions shall have effect with Sanitary con.
respect to any sanitary convenience used in common yemences used
i_ i-u • c A. ^ J 11- in common,

by the occupiers of two or more separate dwelhng-

houses, or by other persons : —

(i.) If any person injures or improperly fouls any
such sanitary convenience, or anything used in
connexion therewith, he shall for ^ach offence
be liable to a fine not exceeding ten shillings ;

(2.) If any such sanitary convenience or the
approaches thereto, or the walls, floors, seats,
or fittings thereof, is or are in the opinion of

86 Public Health (London) Act, 1891.

Sect. iQ. the sanitary authority or of their sanitary

inspector or medical officer of health in such a
state as to be a nuisance or annoyance to any
inhabitant of the district for want of the
proper cleansing thereof, such of the persons
having the use thereof in common as may be
in default^ or, in the absence of proof satis-
factory to the court as to which of the persons
having the use thereof in common is in
default, each of those persons, shall be liable
to a fine not exceeding ten shillings, and to a
fine not exceeding five shillings for every day
during which the offence continues after a con-
viction for the offence.

This section reproduces s. 21 of the Public Health Act,.'
1890 (53 & 54 Vict. c. 59).

Used in common — It is provided by s. 37 (4) (d), supra,.
p. 70, that where a water-closet has before the commence-
ment of this Act been and is used in common, and in the
opinion of the sanitary authority may continue to be properly
so used, they need not require a separate water-closet for each
house. It would seem, therefore, the application of this
section as to water-closets will be limited to a case where
a water-closet has been used in common before the commence-
ment of this Act {i.e., Jan. i, 1892 ; see 143).

It would seem that the liability to a fine is incurred as soon
as it is established to the satisfaction of the court that it is the
opinion of the sanitary authority or of their sanitary inspector
or medical officer that the sanitary convenience or its
approaches are in the condition specified in this section ; and
that this and who is liable are the only questions of fact for
the court, who will not be called upon under this section to
decide as to the condition of the sanitary convenience.

The continuing penalty is only incurred after conviction,,
and will be recovered, therefore, by subsequent proceedings ;
see ss. 117 and 119, infra.

As to manner of sanitary authority appearing in legal
proceedings, see s. 123, infra. •

• Unsound Food.

Inspection and 47. — (i.) Any medical officer of health or sanitary
destruction of inspector may at all reasonable times enter any pre-
unsound meat, j^jges and inspect and examine

{a.) any animal intended for the food of man which
^ is exposed for sale, or deposited in any place

Unsound Food. 87

for the purpose of sale, or of preparation for Sect. 57.
sale, and

[b.) aiiy article, whether solid or liquid, intended
Tor the food of man, and sold or exposed for
sale or deposited in any place^for the purpose
of sale or of preparation for sale,

the proof that the same was not exposed or deposited
for any such purpose or was not intended for the food
of man, resting with the person charged ; and if any
such animal or article appears to such medical officer or
inspector to be diseased, or unsound, or unwholesome,
or unfit for the food of man, he may seize and carry
away the same himself or by an assistant, in order to
have the same dealt with by a justice.

(2.) If it appears to a justice that any animal or \
article which has been seized or is liable to be seized
under this section is diseased, or unsound, or unwhole-
some, or unfit for the food of man, he shall condemn
the same, and order it to be destroyed or so disposed of
as to prevent it from being exposed for sale or used for
the food of man ; and the person to whom the same
belongs or did belong at the time of sale or exposure
for sale, or deposit for the purpose of sale or of pre-
paration for sale, or in whose possession or on whose
premises the same was found, shall be liable on sum-
mary conviction to a fine not exceeding fifty pounds, j.
for every animal, or article, or if the article consists of !
fruit, vegetables, corn, bread, or flour, for every parcel ^
thereof so condemned, or, at the discretion of the court,
without the infliction of a fine, to imprisonment for a
term of not more than six months with or without hard
labour.

(3.) Where it is shown that any article liable to be -
seized under this section, and found in the possession of
any person was purchased by him from another person
for the food of man, and when so purchased was in such
a condition as to be liable to be seized and condemned
under this section, the person who so sold the same
shall be liable to the fine and imprisonment above men-
tioned, unless he proves that at the time he sold the
said article he did not know, and had no reason to
believe, that it was in such condition.

(4.) Where a person convicted of an offence under
this section has been within twelve months previously
convicted of an offence under this section, the court
may, if it thinks fit, and finds that he knowingly and

88 Public Health (London) Act, 1891.

Sect. 47. wilfully committed both such ofifences, order that a
' ■ notice of the facts be affixed, in such form and manner,
and for such period not exceeding twenty-one days, as
the court may order, to any premises occupied by that
person, and that the person do pay the costs of such
affixing ; and if any person obstructs the affixing of
such notice, or removes, defaces, or conceals the notice
while affixed during the said period, he shall for each
offence be liable to a fine not exceeding five pounds.

(5.) If the occupier of a licensed slaughter-house is
convicted of an offence under this section, the court con-
victing him may cancel the licence for such slaughter-
house.

(6.) If any person obstructs an officer in the perform-
ance of his duty under any warrant for entry into any
premises granted by a justice in pursuance of this Act
for the purposes of this section, he shall, if the court is
satisfied that he obstructed with intent to prevent the
discovery of an offence against this section, or has
within twelve months previously been convicted of such
obstruction, be liable to imprisonment for any term not
exceeding one month in lieu of any fine authorized by
this Act for such obstruction.

(7.) A justice may act in adjudicating on an offender
under this section, whether he has or has not acted in
ordering the animal or article to be destroyed or dis-
posed of.

(8.) Where a person has in his possession any article
which is unsound or unwholesome or unfit for the food of
man, he may, by written notice to the sanitary authority,
specifying such article, and containing a sufficient
identification of it, request its removal, and the sanitary
authority shall cause it to be removed as if it were trade
refuse.

This section reproduces, with important amendments, s. 2
of the Nuisances Removal Act, 1863 (26 & 27 Vict. c. 117),
and s. 54 of the Sanitary Law Amendment Act, 1874 (37 &
38 Vict. c. 89). It corresponds to ss. 116 and 117 of the
Public Health Act, 1875, as extended by s. 28 of the Public
Health Act, 1890 (53 & 54 Vict. c. 59).

In sub-section (i) (b) the use of the words any article is an
extension of the operation of the section to articles other than
those included in the former Acts ; and the use of the word
sold is also an extension, as the former Acts only applied to
articles exposed for sale or deposited for the purpose of sale or
of preparation for sale.

In sub-section (2) the power of a justice to condemn food

Unsound Food.

is extended to goods liable to be seized but which have not Sect. 47,

been seized. The penalties are increased from three months'

imprisonment and twenty pounds fine to six months' impri-
sonment and fifty pounds fine respectively.
Sub-sections (3) to (8) are new.

Medical oflScer or sanitary inspector. — These officers are to
be appointed under ss. 106, 107, 108, and 109, iiifra^ where
their quahfications and duties are specified.

The medical officer of health has all the powers of a
sanitary inspector; s. 106 (4), infra.

Reasonable times. — See as to what are reasonable times,
note to s. 10, supra, p. 28.

In Small v. Bickley, 32 L.T. (N.S.) 726, 39 J. P. 422, Sunday
was held a not unreasonable time.

As to powers of entry, see ss. 10, supra, and ss. 115 and 116,
infra. Under s. 115 a warrant may be granted.

Premises. — As to what this includes, see 141, infra. It
will include vessels in any river or water within the district of
the authority; s. 110, infra.

In Young v. Grattridge, (1868) L.R. 4 Q.B. 166, under
ss. 2 and 3 of the Nuisances Removal Act, 1863, two carcases
unfit for food were found in a yard at the back of a butcher's
house, there being a slaughter-house on one side of the yard.
It was held that they were found in a place within the
meaning of the Act.

Any animal. — This ^^*ill include a live animal; see Moody v.
Leech, 44 J.P. 459.

Any article. — See note, supra.
Sold. — See note, supra.

Under s. 116 of the Public Health Act, 1875, which cor-
responds with s. 2 of the Nuisances Removal Act, 1863, in the
case of Vinter\. Hi7id, (1882) 10 Q.B.D. 63, the respondent
exposed for sale a part of a cow which had died of disease, and
sold the meat to a customer, who took it home for food, and
some days after, at the request of the appellant, an inspector of
nuisances, handed it over to him, and it was condemned by a
justice as unfit for food of man. It was held the meat was
not "so seized" and condemned as prescribed by the Public
Health Act, 1875.

The introduction of the word "sold" gets over this
difficulty.

In Shillito v. Thompson, (1875) ^ Q.B.D. 12, it was held
that to expose for sale, or to have possession of with intent to
sell, things unfit for food was a nuisance at common law.

An under bailiff who merely complied with the orders of the
bailiff and sent in his o\^ti name carcases of meat which were
unsound, was held not liable as the person "to whom the
same belonged." Newton v. Mo7ikcom, (1888) 58 L.T. 231,
52 J.P. 692.

90 Public Health (London) Act, 1891.

Sect. 57. It is not necessary that there should be exposure for sale to

render a person liable : the possession of the article is

enough, although no exposure for sale has taken place.
Mallinson v. Carr^ [1891] i Q.B. 48.

In Barlow v. Terrett, [1891] 2 Q.B. 107, the appellant, a
farmer in the country, sent to a salesman in London meat
which, to his knowledge, was unsound, for the purpose of
being sold and used as human food. The salesman did not
expose the meat for sale, but put it aside and called the
attention of the respondent, an inspector of nuisances, to it.
The respondent seized the meat, and a justice condemned it.
The appellant having been convicted of being the owner of
unsound meat " unlawfully deposited for the purpose of sale
and intended for the food of man," it was held the owner was
not liable under s. 2 of the Nuisances Removal Act, 1863.
But see now the different words of the present section.

Justice shall condemn — The animal or article, after seizure,
should be taken, within a reasonable time, to the justice for
condemnation. It need not necessarily be on the day of
seizure ; Burton v. Bradley, 51 J. P. 118.

The owner of the seized goods need not have notice of the
seizure or of the intended application to a justice to condemn.
White v. Redfern, (1879) 5 Q.B.D. 15.

Person liable on conYiction. — The person charged, although
proceedings are crmimal, may give evidence, and so may the
. wife or husband of the defendant ; s. 118, infra.

He may give evidence of the condition of the article at
time of its condemnation by the justice. Waye v. Thompson,
(1885) 15 Q.B.D. 342.

A notice of conviction — The question arises, Can only one
notice be fixed, or can one notice be afiixed to each set of
premises occupied by the convicted person ? It would seem
that the latter is the correct view of the section.

Licensed slaughter-house — See, as to provisions of licence^
&c., s. 20, supra, p. 45.

Obstruction of officer. — Where a butcher refused to accom-
pany an inspector and open his shop for the inspector to seize
meat, it was held he had not "obstructed" within the
meaning of s. 118 of the Public Health Act, 1875. Small v..
Bickley, 32 L.T. (N.S.) 726, 39 J.P. 422.

A justice may act. — A justice may act, although a rate-'
payer or a member of a sanitary authority \ see ?>. 122.

Request removal. — ^This power of requesting removal in
sub-section (8) is to enable a person relying on sub-section (3)
to protect himself ; see Barlow v. Terrett, supra.

Provisions as to Water.

Provisio7is as to Water, Sect. $8.

48. — (i.) An occupied house without a proper and Provisions as
sufficient supply of water shall be a nuisance liable to q^^^^^q^ J^^^
be dealt wdth summarily under this Act, and, if it is a water-supply-
dwelling-house, shall be deemed unfit for human habita-
tion.

(2.) A house which after the commencement of this
Act is newly erected, or is pulled down to or below the
ground floor and rebuilt, shall not be occupied as a
dwelling-house until the sanitary authority have certi-
fied that it has a proper and sufficient supply of water,
either from a water company or by some other means.

(3.) If the sanitary authority refuse such certificate,
or fail to give it within one month after written request
for the same from the owner of the house, the owner of
the house may apply to a petty sessional court, and
that court, after hearing or giving the sanitary authority
an opportunity to be heard, may, if they think the
certificate ought to have been granted, make an order
authorizing the occupation of the house ; but, unless
such order is made, an owner who occupies or permits
to be occupied the house as a dwelling-house without
such certificate shall be liable to a fine not exceeding
ten pounds, and to a fine not exceeding twenty shillings
for every day during which it is so occupied until a
proper and sufficient supply of water is provided ; but
the imposition of such fine shall be without prejudice to
any proceedings for obtaining a closing order.

This section does not follow s. 67 of the Metropolis Manage-
ment Act, 1862 (25 & 26 Vict. c. 102). Under that Act,
the sanitary authority could compel a water-supply to a house
if the cost did not exceed three pence per week. Sub-sections
(2) and (3) are new.

■ This section should be compared with s. 62 of the Public
Health Act, 1875, and s. 6 of the Public Health (Water) Act,
1878 (41 & 42 Vict. c. 25), on the latter of which this
section is modelled.

Occupied house. — This would include schools, and factories
and other buildings in which persons are employed, and houses
wholly or partly erected under statutory authority ; s. 141.

, Nuisance. — The absence of water-fittings under the Metro-
polis Water Act, 1871 (34 & 35 Vict. c. 113,) s. 33, is a
nuisance under this Act; see s. 2 (i) (/), supra, p. 3.

As to what is a nuisance, see note to s. 2, supra, p. 13.

Unfit for habitation. — If the house is complained of before

92 PUBLIC Health (London) Act, 1891.

Sect. 48, the petty sessional court, the court must make a closing
order under s. 5 (6) and (7), supra, p. 21.

The sanitary authority under s. 40, supra, p. 74, have power
to examine a water-supply and under s. 41, supra, p. 76, may
do the necessary works if their order in that behalf is not
obeyed. Compare with sub-section (2) the provisions as to
water-closets in s. 37 (i), supra, p. 69.

Sanitary authority have certified — No form of certificate is
given under the Act. By s. 127, infra, documents are to be
in writing, and authenticated by the clerk or officer by whom
they are given.

Unless order is, made. — If the order is refused, as no order
is made, it is doubtful whether the owner could appeal under
s. 125.

Owner liable to fine. — As to the recovery of fines, see s. 117,
infra ; and as to their application, see s. 119, infra.

Notice to sani- 49. — (i.) Where a water company may lawfully cut
tary authority off the water-supply to any inhabited dwelling-house
being cut o^^^ cease to supply such dwelling-house with water for
non-payment of water rate or other cause, the company
shall in every case, within twenty-four hours after
exercising the said right, give notice thereof in writing
to the sanitary authority of the district in which the
house is situated.

(2.) Any company which neglects to comply with the
foregoing provision shall be liable to a fine not exceed-
ing ten pounds, and it shall be the duty of the sanitary
authority to take proceedings against any company in
default.

(3.) This section shall apply to every water company
which is a trading company supplying water for profit.

By s. 74 of the Waterworks Clauses Act, 1847 (10 & 11
Vict. c. 17), if any person supplied with water by the under-
takers, or liable as herein or in the special Act provided to
pay the water rate, neglect to pay such water rate at any of the
said times of payment thereof, the undertakers may stop the
water from flowing into the premises in respect of which such
rate is payable, by cutting off the pipe to such premises, or by
such means as the undertakers shall think fit, and may recover
the rate due from such person, if less than twenty pounds, with-
the expenses of cutting off the water, and costs of recoverin
the rate, in the same manner as any damages for the recovery
of which no special provision is made are recoverable by this
or the special Act ; or if the rate so due amount to twenty
pounds or upwards, the undertakers may recover the same,
with the expenses of cutting off the water, by action in any
court of competent jurisdiction.

Provisions as to Water.

By s. 21 of the Waterworks Clauses Act, 1863 (26 & 27 Sect. 49.

Vict. c. 93), if any person refuses or neglects to pay to the

undertakers any rate or sum due to them under the special
Act, they may recover the same with costs in any court of
competent jurisdiction, and their remedy under the present
section shall be in addition to their other remedies for the
recovery thereof.

But by s. 4 of the Water Companies (Regulation of Powers)
Act, 1887 (50 & 51 Vict. c. 21), which only applies to England,
" where the owner, and not the occupier, is liable by law, or by
agreement with the water company, to the payment of the
water rate, in respect of any dwelling-house or part of a
dwelling-house occupied as a separate tenement, no water com-
pany shall cut off the water-supply for non-payment of the
water rate, but such water rate, without prejudice to the other
remedies of the company for enforcing payment thereof from
such owner, shall, together with interest thereon at the rate of
five pounds per centum per annum, computed from the expiration
of one month from the time when the same has been claimed
by the company until receipt thereof by the company, be a
charge on such dwelling-house, in priority to all other charges
affecting the premises ; and (without prejudice to such charge)
the amount may be recovered, with the costs incurred, from the
ownerorfromtheoccupierfor the time being, in the same manner
as water rates may by law be recovered : Provided always that
proceedings shall not be taken against the occupier until notice
shall have been given to him or left at. his dwelling-house to
pay the amount due for water rate out of the rent then due,
or that may thereafter become due from him, and he shall
have omitted to pay such water rate ; and provided also that
no greater sum shall be recovered at any one time from any
such occupier than the amount of rent owing by him, or which
shall have accrued due from him since such notice shall have
been given or left as aforesaid, and that every such occupier
shall be entitled to deduct from the rent payable by him the
sum so recovered from him or which he shall have paid on
demand."

And by s. 5, " In the event of any such supply being cut
off in contravention of this Act, the company cutting off the
same shall be liable to a penalty not exceeding five pounds
for each day during which the water shall remain cut off,
which penalty shall be recoverable summarily from the com-
pany by, and shall be paid to, the person aggrieved."

50. — Every sanitary authority shall make bye-laws Cleansing of
for securing the cleanliness and freedom from pollution ^^^^^^^s.
of tanks, cisterns, and other receptacles used for storing
of vi^ater used or likely to be used by man for drinking
or domestic purposes, or for manufacturing drink for
the use of man.

94 Public Health (London) Act, 1891.

Sect^O. Bye-laws — By s. 114, infra, all bye-laws must be made in
accordance with ss. 182 to 186 of the Public Health Act,
1875, which are set out in the First Schedule, infra.
Cistern — This includes a water-butt, s. 141.

Power of sani- ^\ — (i.) All existing public cisterns, reservoirs, wells,
arL^public*^ fountains, pumps, and works used for the gratuitous
fountains. Supply of water to the inhabitants of the district of "
any sanitary authority, and not vested in any person or
authority other than the sanitary authority, shall vest in
and be under the control of the sanitary authority ; and
that authority may maintain the same and plentifully
supply them with pure and wholesome water, or may
substitute, maintain, and plentifully supply with pure
and wholesome water other such works equally con-
venient, and may maintain and supply with water as
aforesaid other public cisterns, reservoirs, wells, foun-
tains, pumps, and other such works within their district.

(2.) The sanitary authority may provide and maintain
public wells, pumps, and drinking fountains in such,
convenient and suitable situations as they may deem
proper.

(3.) If any person wilfully damages any of the said
wells, pumps, or fountains, or any part thereof, he shall,
in addition to any punishment to which he is liable, pay
to the sanitary authority the expenses of repairing or
reinstating such well, fountain, pump, or part thereof.

This section reproduces s. 7 of the Nuisances Removal Act,
i860 (23 & 24 Vict. c. 77) ; s. 116 of the Metropolis Manage-'
ment Act, 1855 (18 & 19 Vict. c. 120); and s. 70 of the-
Metropolis Management Act, 1862 (25 & 26 Vict. c. 102).
It corresponds to s. 64 of the Public Health Act, 1875.

Gratuitous supply. — It is provided by s. 150 of the Metropolis
Management Act, 1855, "that nothing herein contained shall'
authorize the said metropolitan board or any district board or
vestry to use, or permit to be used, any such works for the
purpose of carrying water by supply pipes into any house or
factory for domestic, manufacturing or commercial purposes;"

Shall vest — As to the effect of these words, see note to
s. 44 (2), supra, p. 82. See, as to action by a local board for
/ trespass to a wall of a pond, Leddgate Local Board v. Bland,
- (1881) 45 J.P- 526.

Situations deemed proper. — As to this power of determining,-
see cases cited in note to s. 44 (i), supra, p. 81.

Maintain and plentifully supply with water. — Under similar
words in s. 89 (4) of the Pubhc Health (Scotland) Act, 1867,-'

Provisions as to Water.

a well situated on private ground, the water of which had Sect. 51.

been used for domestic purposes gratuitously by the inhabi-

tants in the vicinity for the prescriptive period, was he'd to be
a public well. It was further held that the local authority
could enter the land and do all acts to the well for continuing
and maintaining it which the inhabitants might have done
before, notwithstanding that there might be a company with a
vested right to supply the inhabitants with water. Smith v.
Archibald, (1880) 5 App. Cas. 489. In that case the well
was in a private field ; a footpath lead from the well to the
entrance of the field ; from the entrance of the field there was
a cart road to the public road. The inhabitants having used
the well, and repaired it with stones at their expense, the local
authority caused the well to be covered with an iron plate, and
erected a hand-pump to keep the water free from pollution.
The proprietor of the field, alleging the well to be his private
property, proceeded against the authority for the removal of
the cover and pump. It was held by the House of Lords
that the well was a public well, and that the authority had not
exceeded their powers.

It would seem that the authority can limit the purposes for
which the water may be used, as in Hildreth v. Adamson^
8 C.B. (N.S.) 587, 30 L.J. M.C. 204.

Wilful damage. — For penalty for wilful damage to any
fountain or pump, and for fouling water, see s. 53, infra.

52.— (i.) If any person engaged in the manufacture Penalty for

of 2'as causing water

^ to be corrupted

{a?) causes or suffers to be brought or to flow into by gas wash-
any source of water-supply, or into any drain ^"ss-
or pipe communicating therewith, any washing
or other substance produced in making or sup-
plying gas ; or, ,

(^.) wilfully or negligently does any act connected
with the making or supplying of gas whereby
the water in any source of water-supply is
fouled,

lie shall for every such offence be liable to a fine of two
hundred pounds, and, after the expiration of twenty-
four hours notice from the sanitary authority or the
person to whom the water belongs in that behalf, to a
further fine of twenty pounds for every day during
which the offence continues.

(2.) Every such fine may be recovered, with full costs
of action, in the High Court, in the case of water be-
longing to or under the control of the sanitary authority
by that authority, and in any other case by the person
into whose water such washing or . other substance is

96 Public Health (London) Act, 1891.

Sect. 52. brought or flows, or whose water is fouled by any such
act as aforesaid, or in default of proceedings by such
person after notice to him from the sanitary authority of
their intention to proceed for such fine, by the sanitary
authority ; but such fine shall not be recoverable unless
it is sued for during the continuance of the offence, or
within six months after it has ceased.

This section reproduces ss. 23-25 of the Nuisances Re-
moval Act, 1855, with the amendment of the addition of the
word "negligently" in sub-section (i) {b) it corresponds to
s. 68 of the Public Health Act, 1875.

Person — By the Interpretation Act, 1889 (52 & 53 Vict,
c. 63), s. 19, "person," unless a contrary intention appears, in-
cludes any body of persons, corporate or unincorporate, and
by s. I of the same Act the singular includes the plural, and
vice-versa.

Suffers. — As to recovery of penalty in a case where the pollu-
tion was through a defect of works unknown to the defendants,
see Hipkins v. Birmingham and Staffordshire Gas-Light
Company^ 29 L.J. Ex. 169, and 30 L.J. Ex. 60.

See, as to the effect of similar words in 3 & 4 Will. 4, c. 90
s. 50, on a prescriptive right, or a licence to pollute. Milling-
ton v. Griffiths, (1874) 30 L.T. (N.S.) 65.

Fine. — The penalty is fixed by the section at two hundred
pounds, and not any sum not exceeding two hundred pounds.

Full costs of action. — See, as to effect of these words. Reeve
V. Gibson, (1891) i Q.B. 652 and 2 Q.B. 297, and Avery y.
Wood, (1891) 65 L.T. (N.S.) 122.

Penalty for 53. — If any person does any act whereby any foun-
fouling water, tain or pump is wilfully or maliciously damaged, or is
guilty of any act or neglect whereby the water of any
well, fountain or pump used or likely to be used by
man for drinking or dom.estic purposes, or for manu-
facturing drink for the use of man, is polluted or fouled,
he shall be liable to a fine not exceeding five pounds for
each offence, and a further fine not exceeding twenty
shillings for every day during which the offence con-
tinues after notice is served on him by the sanitary
authority in relation thereto, but this section shall not
extend to offences against the last preceding section by
persons engaged in the manufacture of gas.

This section reproduces s. 8 of the Nuisance Removal Act,
i 860. See, as to liability for expenses of repair in addition to
the fine, s. 51, supra, p. 94.

Provisions as to Water.

54. — (i.) On the representation of any person to a Sect. 34.
sanitary authority that within their district the water in p^^^gT^close
any well, tank, or cistern, public or private, or supplied polluted wells,
from any public pump, is used or likely to be used by &c.
man for drinking or domestic purposes, or for manu-
facturing drink for the use of man, and is so polluted,
or is likely to be so polluted, as to be injurious or dan-
gerous to health, a petty sessional court, on complaint
by such authority and after hearing the person who is
the owner or occupier of the premises to which the well,
tank, or cistern belongs, if it be private, or in the case
of a public well, tank, cistern, or pump, is alleged in the
complaint to be interested in the same, or after giving
him an opportunity of being heard, may by summary
order direct the u ell, tank, cistern, or pump to be peV-
manently or temporarily closed, or make such other
order as appears to the court requisite to prevent injury
or danger to the health of persons drinking the water.

(2.) The court may, if they see fit, cause the water
complained of to be analysed at the cost of the sanitary
authority complaining.

(3.) If the person on whom the order is made fails to
comply therewith, he shall be liable to a fine not ex-
ceeding twenty pounds, and a petty sessional court on
complaint by the sanitary authority may authorize that
authority to execute the order, and any expenses in-
curred by them in so doing may be recovered in a
summary manner from the said person.

This section reproduces s. 50 of the Sanitary Act, 1874
(37 & 38 Vict. c. 89), and is almost identical with s. 70 of
the Public Health Act, 1875. It amends the law, as regards
London, by the insertion in the section of " owner " and the
words as to " manufacturing drink."

Infections Diseases, — Notification.

55. — (i.) Where an inmate of any house within the Notification of
district of a sanitary authority is suffering from an in- infectious
fectious disease to which this section applies, the follow-
ing provisions shall have effect, that is to say : —

(^.) The head of the family to which such inmate
(in this section referred to as the patient) be-
longs, and in his default the nearest relatives
of the patient present in the house or being in
attendance on the patient, and in default of
such relatives, every person in charge of or in

98; Public Health (London) Act, 1891.

Sect. 55. attendance on the patient, and in default of

any such person the master of the house, shall,
as soon as he becomes aware that the patient
is suffering from an infectious disease to which
this section applies, send notice thereof to the
medical officer of health of the district :
{b.) Every medical practitioner attending on or
called in to visit the patient shall forthwith, on
becoming aware that the patient is suffering
from an infectious disease to which this section
applies, send to the medical officer of health of
the district a certificate stating the full name
and the age and sex of the patient, the full
postal address of the house, and the infectious
disease from which in the opinion of such
medical practitioner the patient is suffering,
and stating also whether the case occurs in the
private practice of such practitioner or in his
practice as a medical officer of any public body
or institution, and where the certificate refers
to the inmate of a hospital it shall specify the
place from which and the date at which the
inmate was brought to the hospital, and shall
be sent to the medical officer of health of the
district in which the said place is situate :

Provided that, in the case of a hospital of the Me-
tropolitan Asylum Managers, a notice or certificate
need not be sent respecting any inmate with respect to
whom a copy of the certificate has been previously for-
warded by the medical officer of health of the district
to the said Managers.

(2.) Every person required by this section to send a
notice or certificate, who fails forthwith to send the
same, shall be liable to a fine not exceeding forty
shillings : Provided that if a person is not required to
send notice in the first instance, but only in default of
some other person, he shall not be liable to any fine if
he satisfies the court that he had rcrisonable cause to
suppose that the notice had been duly sent.

(3.) The Local Government Board may prescribe
forms for the purpose of certificates to be sent in
pursuance of this section, and if such forms are so pre-
scribed, they shall be used in all cases to which they
apply. The sanitary authority shall gratuitously supply
forms of certificate to any medical practitioner residing
or practising in their district who applies for the same,

Infectious Diseases.— Notification. 99

and shall pay to every medical practitioner for each
certificate duly sent by him in accordance with this
section a fee of two shillings and sixpence if the case
occurs in his private practice, and of one shilling if the
case occurs in his practice as medical officer of any
public body or institution.

(4.) Where a medical officer of health receives a cer-
tificate under this section relating to a patient within
the Metropolitan Asylum district, he shall, within
twelve hours after such receipt, send a copy thereof to
the Metropolitan Asylum Managers, and to the head
teacher of the school attended by the patient (if a
child), or by any child who is an inmate of the same
house as the patient. The Metropolitan Asylum
Managers shall repay to the sanitary authority the fees
paid by that authority in respect of the certificates
whereof copies have been so sent to the Managers.
The Managers shall send weekly to the county council,
and to every medical officer of health, such return of
the infectious diseases of which they receive certificates
in pursuance of this section as the county council
require.

(5.) Where in any district of a sanitary authority
there are two or more medical officers of health of that
authority, a certificate under this section shall be sent
to such one of those officers as has charge of the area
in which is the patient referred to in the certificate, or to
such other of those officers as the sanitary authority
may direct.

(6.) A notice or certificate to be sent to a medical
officer in pursuance of this section may be sent to such
officer at his office or residence.

(7.) This section shall apply to every building, vessel,
tent, van, shed, or similar structure used for human
habitation, in like manner as nearly as may be as if it
were a house ; but nothing in this section shall extend
to any house, building, vessel, tent, van, shed, or similar
structure belonging to Her Majesty the Queen, or to
any inmate thereof, nor to any vessel belonging to any
foreign government.

(8.) In this section the expression infectious disease
to which this section applies " means any of the follow-
ing diseases, namely, small-pox, cholera, diphtheria,
membranous croup, erysipelas, the disease known as
scarlatina or scarlet fever, and the fevers known by any
of the following names, typhus, typhoid, enteric, re-
lapsing, continued, or puerperal, and includes as respects

H 2

joo Public Health (London) Act, 1891.

Sect. 55. any particular district any infectious disease to which

this section has been applied by the sanitary authority i
of the district in manner provided by this Act. . \

This section and the next two, reproduce, with slight amend- j

ments, the Infectious Disease (Notification) Act, 1889, 52 & ;

53 Vict c. 72. I

Any house. — This includes schools, factories, and other ■

buildings in which persons are employed, and houses wholly "1

or partly erected under statutory authority ; s. 141, infra. i

A vessel within the district of the authority will be within ^

the operation of this section as if it were a house; s. no, j
infra.

The section omits the exemption of hospitals for infectious j

diseases from notification, contained in s. 3 of the Act of \
1889. The proviso at the end of sub-section (i) {b) is new ;
it is to prevent double notification of the same case.

Following provisions — In addition to the provisions as to j

infectious diseases contained in this section, the sanitary ^
authority have power to make and enforce bye-laws for the

taking of precautions in case of any infectious disease ; s. 94 :

<i) (/), infra. \

Master of the house. — See definition of master in s. 141, i

infra. \

Infectious disease to which this section applies. — In addition \

to the diseases specified under sub-section (8), this section can \

be extended, under s. 56, to other infectious diseases by any \

sanitary authority, and also by the county council under \

s. 56 (6). The diseases specified in sub-section (8), and any 1

to which the provisions of this section are extended, are called :

" dangerous infectious diseases " in the rest of this Act ; see \
s. 58, infra.

Full name, age, and sex. — These particulars required, and
also those as to whether the patient is a private patient or in
z. hospital, are new. The particulars in sub-section if) {b)
are to prevent double notification.

Shall pay medical practitioner. — These payments will not

disqualify for being a member of the county council, or sani- '

tary authority, or for any public office ; s. ^-57, infra. \

Metropolitan asylum district — The metropolis was formed \

into a district called the metropoKtan asylum district, for the \

purpose of providing asylums for the reception and relief of \

sick, insane, and infirm, and other poor, chargeable in unions ]

and parishes of the metropolis, ss. 5 and 6 of the Metropolitan \

Poor Act, 1867 (30 Vict. c. 6), amended by 32 & 33 Vict. j
c. 63, s. I, and 39 & 40 Vict, c, 61, s. 40.

Head teacher. — The notification to the head teacher of the i

Infectious Diseases. — Notification. ioi

school attended by the patient, or other inmate of the house, Sect. 55.
is new. ■

Medical officer of health. — The weekly return, under the
Act of 1889, had not to be sent to the medical officer.

As to appointment and duty of the medical officer, see ss.
106 to 109, infra.

Tent, van. — As to powers of entry if infectious disease is
supposed to exist in tents, vans, &c., see s. 95 (3) (^), infra.

56. — (i.) The sanitary authority of any district may, Power of sani-
by resolution passed at a meeting of that authority of [q^^^^^jq^"^^^^
which such notice has been given as in this section number of
mentioned, order that the foregoing section with respect infectious
to the notification of infectious disease shall apply in ^^^i^^^^Q^jf^^a
their district to any infectious disease other than a ^^^^ re-
disease specifically mentioned in that section ; any such quired,
order may be permanent or temporary, and if tem-
porary, the period during which it is to continue in force
shall be specified therein, and any such order may be
revoked or varied by the sanitary authority which made
the same.

(2.) Fourteen clear days at least before the meeting
at which such resolution is proposed special notice of
the meeting, and of the intention to propose the making
of such order, shall be given to every member of the
sanitary authority, and the notice shall be deemed to
have been duly given to a member if it is given in the
mode in which notices to attend meetings of the sani-
tary authority are usually given.

(3.) An order under this section and the revocation
and variation of any such order shall not be of any
validity until it has been approved by the Local Govern-
ment Board, and when it is so approved the sanitary
authority shall give public notice thereof by advertise-
ment in a local newspaper, and by handbills, and other-
wise in such manner as the sanitary authority think
sufficient for giving information to all persons interested ;
they shall also send a copy thereof to each legally
qualified medical practitioner whom, after due inquiry,
they ascertain to be residing or practising in their
district.

(4.) The said order shall come into operation at such
date not earlier than one week after the publication of
the first advertisement of the approved order as the
sanitary authority may fix, and upon the order coming
into operation, and during the continuance thereof, an
infectious disease mentioned in the order shall, within

102 Public Health (London) Act, 1891.

Sect. 56. the district of the authority, be an infectious disease to
which the foregoing section with respect to the notifica-
tion of infectious disease appHes.

(5.) In the case of emergency three clear days notice
of the meeting and of the intention to propose the
making of the order shall be sufficient, and the resolu-
tion shall declare the cause of the emergency and shall
be for a temporary order, and a copy thereof shall be
forthwith sent to the Local Government Board and
. advertised, and the order shall come into operation at

the expiration of one week from the date of the adver-
tisement ; but unless approved by the Local Government
Board shall cease to be in force at the expiration of one
month after it is passed, or any earlier date fixed by the
Local Government Board; if it is approved by the
Local Government Board' that approval shall be con^
elusive evidence that the case was one of emergency.

(6.) The county council shall, as respects London,
have the same power of extending the foregoing section
by order to any infectious disease, and the same power
of revoking and varying the order, as a sanitary
authority have under this section as respects their
district ; and the foregoing section when so extended
by the county council shall be construed as if it had
been applied under this section as respects every district
in London by the sanitary authority thereof.

This section reproduces s. 7 of the Infectious Disease (Noti-
fication) Act, 18^9, with the addition, in sub-section (6), of
the power of the county council of extending the operation of
s.' 55 to diseases other than those set out in s. 55 (8).

Non-disquali- 57. — (i.) A payment made to any medical prac-
Scation of titioner in pursuance of the provisions of this Act with
S^^rl^eU^^^^^^ respect to the notification of infectious disease shall not
fees. disqualify that practitioner for serving as member of the

county council, or of a sanitary authority, or as guardian
of a poor law union, or in any other public office.
~ (2.) Where a medical practitioner attending on a
patient is himself the medical officer of health of the
district, he shall be entitled to the same fee as if he
were not such medical officer.

Infections Diseases. — Prevention.

Application of 58. — The following provisions of this Act relating
special pi-ovi- dangerous infectious diseases shall apply to the
infectious infectious diseases specifically mentioned in the fore.-.

diseases.

Infectious Diseases. — Prevention. 103

going enactment of this Act relating to the notification Sect. 58.

of infectious disease, and all or any of such provisions

may be applied by order to any other infectious disease

in the same manner as that enactment may be applied

to such disease, subject to the same power of revoking

and varying the order, and every such infectious disease

is in this Act referred to as a dangerous infectious

•disease.

= This section reproduces s. 2 of the Infectious Disease
(Prevention) Act, 1890 (53 & 54 Vict. c. 34).

That Act applied compulsorily to London (and, as to
- London, is repealed by this Act), and to urban and rural
districts, if they adopt it, it did and does still apply.

Power of revoking and varying the order. — The revocation
and variation of any order will have to be subject to the ap-
proval of the Local Government Board ; see s. 56 (3), supra,

p. lOI.

Dangerous infectious disease. — This is the name by which
the diseases specified in s. 55 (8), supra, are referred to in the
'subsequent provisions of this Act. The expression will also
include those infectious diseases to which s. 55 is extended by
virtue of the powers of s. 56. Co7npare s. 89 (i) {a) with
s,. {1) {b), i?ifra. . ?

59. — (i.) Every sanitary authority shall provide Provision of
either within or without their district, proper premises peans for dis-
with all necessary apparatus and attendance for the j^^^^^^-J^J
destruction and for the disinfection, and carriages or
vessels for the removal, of articles (whether bedding,
clothing, or other) which have become infected by any
dangerous infectious disease, and may provide the same
for the destruction, disinfection, and removal of such
articles when infected by any other disease ; and shall
jcause any such articles brought for destruction or dis-
infection, whether alleged to be infected by any
dangerous infectious disease or by any other disease, to
be destroyed or to be disinfected and returned, and may
remove, and may destroy, or disinfect and return, such
articles free of charge.

(2.) Any sanitary authorities may execute their duty
under this section by combining for the purposes
thereof,^ or by contracting for the use by one of the con-
tracting authorities of any premises provided for the
'purpose of this section by another of such contracting
authorities, and may so combine or contract upon such
1 terms as may be agreqd upon. . ^. ^ —

I04 Public Health (London) Act, 1891.

Sect. 59. Under s. 23 of the Sanitary Act, 1866 (29 & 30 Vict.

c. 90), the sanitary authority could provide a place with
apparatus for the disinfection of articles and bedding, but
not for their destruction.

Under s. 24 of the same Act, and under s. 12 of the
Nuisances Removal Act, i860 (23 & 24 Vict. c. 77), pro-
vision of carriages for the conveyance of infected persons (but
not articles and bedding) could be made. Similar limited
power is contained in s. 123 of the PubHc Health Act, 1875.

By s. 51 of the Public Health Act, 1872 (35 & 36 Vict,
c. 79), power was given to destroy bedding, etc.

Premises. — This term is defined in s. 141, infra.

Carriages. — Power to provide carriages for the removal of
patients is contained in s. 78, infra. The Metropolitan
Asylum Managers can provide carriages under s. 79, infra.

Dangerous infectious disease. — See, as to the meaning of this
expression, note to s. 58, supra, p. 103.

The sanitary authority may borrow for the purposes of this
section, s. 105, infra.

May destroy or disinfect free of charge. — See note to s. 60,
infra, p. 106.

Cleansing and gQ. — (l.) Where the medical officer of health of any
'^r mtes"lc°^ sanitary authority, or any other legally qualified medical
premises, c. ^^^2icW\Aoxi^r , certifies that the cleansing and disinfecting
of any house, or part thereof, and of any articles
therein likely to retain infection, or the destruction of
such articles, v^^ould tend to prevent or check any dan-
gerous infectious disease, the sanitary authority shall
serve notice on the master, or where the house or part
is unoccupied on the owner, of such house or part that
the same and any such articles therein will be cleansed
and disinfected or (as regards the articles) destroyed, by
the sanitary authority, unless he informs the sanitary
authority within twenty-four hours from the receipt of
the notice that he will cleanse and disinfect the house
or part and any such articles or destroy such articles to
the satisfaction of the medical officer of health, or of
any other legally qualified medical practitioner, within
a time fixed in the notice.
(2.) If either —

(«.) within twenty-four hours from the receipt of
the notice, the person on whom the notice is
served does not inform the sanitary authority
as aforesaid, or

{b.) having so informed the sanitary authority he

Infectious Diseases. — Prevention. 105

fails to have the house or part thereof and any Sect. 60.
such articles disinfected or such articles de-
stroyed as aforesaid within the time fixed in
the notice, or
(c.) the master or owner without such notice gives
his consent,

the house or part and articles shall be cleansed and dis-
infected or such articles destroyed by the officers and
at the cost of the sanitary authority under the super-
intendence of the medical officer of health.

(3.) For the purpose of carrying into effect this
section the sanitary authority may enter by day on any
premises.

(4.) The sanitary authority shall provide, free of
charge, temporary shelter or house accommodation with
any necessary attendants for the members of any family
in which any dangerous infectious disease has appeared,
who have been compelled to leave their dwellings, for
the purpose of enabling such dwellings to be disinfected
by the sanitary authority.

(5.) When the sanitary authority have disinfected any
house, part of a house, or article, under the provisions
of this section, they shall compensate the master or
owner of such house, or part of a house, or the owner
of such article, for any unnecessary damage thereby
caused to such house, part of a house, or article ; and
when the authority destroy any article under this
section they shall compensate the owner thereof ; and
the amount of any such compensation shall be recover-
able in a summary manner.

This section reproduces, with amendment, ss. 5, 1 5, and 1 7
of the Infectious Disease (Prevention) Act, 1890 (53 & 54
Vict. c. 34).

The words " destruction of such articles " do not occur in
the Act of 1890. The section, as enacted in this Act, makes
it clear when the owner is to be served with notice, and when
the master of the house or part of a house.

Sub-section (2) (^r) is new.

Under s. 23 of the Sanitary Act, 1866 (29 & 30 Vict,
c. 90), and s. 51 of the Public Health Act, 1872 (35 & 36
Vict. c. 79), and s. 52 of the Sanitary Act, 1874 (37 & 38
Vict. c. 89), sanitary authorities had power to destroy or dis-
infect infected bedding, clothes, &c., free of charge, and to
give compensation for articles destroyed.

See also s. 61 of this Act, mfra, and ss. 121 and 122 of the
Public Health Act, 1875.

io6 Public Health (London) Act, 1891.

Sect. 60. Sub-section (3) of s. 5 of 53 & 54 Vict. c. 34, is omitted in
this section.

Authority shall serve notice — As to the authentication and
service of notices, see ss. 127 and 128, infra.
Master — This is defined in s. 141.

Owner. — As to the manner of serving the owner, see s. 128
(3), infra.

At the cost of the sanitary authority. — The Infectious
Disease (Prevention) Act, 1890, in s. 5 (2), enabled the
authority to recover expenses of disinfection from the owner
or occupier.

The sanitary authority is bound to provide or contract for
disinfection and destruction of infected articles. They are
bound to disinfect or destroy infected goods when brought
under s. 59 (i) ; but whether they are bound to do so free of
charge is doubtful. The Act says 7nay do so free of charge in
s. 59 (i)-

If the sanitary authority act under s. 60, it is clear the
disinfection will have to be free of charge to the owner or
occupier, as sub-section (2) expressly provides it is to be at
the cost of the sanitary authority. See also s. 61 (2), infra.

As to the means of defraying expenses, see s. 103, infra.

Legally qualified medical practitioner. — See note to s. 21,
supra., P* 5°-

Any article. — As to the removal of infected rubbish, see
s. 62, infra.

Any person who gives, lends, &c., or exposes any infected
bedding, clothing, &c., is liable to a fine of five pounds ; s. 68,
infra.

Enter hy day. — Day means the period from 6 a.m. to
9 P.M., s. 141. Under s. 17 of the Infectious Disease
(Prevention) Act, 1890, entry had to be made between 10 A.M.
and 6 p.m.

As to powers of entry, see s. 10, supra, and ss. 115 and 116,
infra.

Premises. — See definition in s. 141, infra.

Temporary shelter — The provisions as to temporary shelter
in this section reproduce s. 15 of the Infectious Disease (Pre-
vention) Act, 1890. Under s. 67, infra, there is power tp
detain in hospital a person who on leaving it would not be
provided with lodging where proper precautions could be
taken for preventing the spread of infection.

Dangerous infectious disease. — As to the meaning of this, see
note to s. 58, supra, p. 103.

Compensation. — The compensation under this section is for
unnecessary damage. . -.

The insertion of "house and part of a house" is an
amendment of the law. , :

Infectious Diseases.— Prevention. 107

Compensation is also provided for, as regards bedding, Sect. 60.

clothing, and articles disinfected and unnecessarily damaged,

by the next section (61). Section 61, moreover, provides for
compensation, for articles necessarily destroyed.

61. — (i.) Any sanitary authority may serve a notice Disinfection of
on the ov^ner of any bedding, clothing, or other articles bedding, &c.
which have been exposed to the infection of any
dangerous infectious disease, requiring the delivery

thereof to an officer of the sanitary authority for re-
moval for the purpose of destruction or disinfection ;
and if any person fails to comply with such notice he
shall, on the information of the sanitary authority, be
liable to a fine not exceeding ten pounds.

(2,) The bedding, clothing, and articles if so dis-
infected by the sanitary authority shall be brought back
and delivered to the owner free of charge, and if any
of them suffer any unnecessary damage the authority
shall compensate the owner for the same, and the
authority shall also compensate the owner for any
articles destroyed ; and the amount of compensation
shall be recoverable in a summary manner.

This section corresponds to s. 6 of the Infectious Disease
(Prevention) Act, 1890, and s. 51 of the Public Health Act,
1872, as extended to London by s. 52 of the Sanitary Act,
1874. See note to s. 60, supra, p. 105.

Compensation. — Compensation for damage unnecessarily
done to a house, or part of a house, in disinfection is provided
for in s. 60 (5), supra, p. 105.

The recovery in the county court, instead of in summary
manner, if under ;£^o is claimed, is provided for in s. 11 7,
infra.

62. — (i.) If a person knowingly casts, or causes or infectious rub-
permits to be cast, into any ash-pit any rubbish infected bish thrown
by a dangerous infectious disease without previous dis- tobe^dis
infection, he shall be liable to a fine not exceeding five infected,
pounds, and, if the offence continues, to a further fine

not exceeding forty shillings for every day during
which the offence so continues after the notice hereafter
in this section mentioned,

> (2.) The sanitary authority shall cause their officers
to serve notice of the provisions of this section on the
master of any house or part of a house in which they
are aware that there is a person suffering from a
dangerous infectious disease, and on the request of such

io8 Public Health (London) Act, 1891.

Sect. 62. master shall provide for the removal and disinfection or
destruction of the aforesaid rubbish.

This section reproduces ss. 13 and 14 of the Infectious
Disease (Prevention) Act, 1890 (53 & 54 Vict. c. 34). See also
s. 68 of this Act, infra.

Ash-pit. — This includes other receptacles for rubbish ; s. 141,
infra.

Dangerous infectious disease — As to definition of this ex-
pression, see note to s. 58, supra, p. 103.

Serve notice. — As to authentication and service of notices,
see ss. 127 and 128, infra.

Shall provide for removal. — This proviso for removal of in-
fected rubbish by the sanitary authority is an amendment.

As the duty imposed upon the sanitary authority is imperative,
it seems they will have to remove such rubbish gratuitously, and
not otherwise. See judgment of Lord Esher, M.R., in St
Martinis Vestry v. Gordon, (1891) i Q.B. 61, cited in note to
s. 33, supra.

Penalty on
letting houses
in which in-
fected persons
have been
lodging.

63. — (i.) Any person who knowingly lets for hire
any house, or part of a house, in which any person has
been suffering from any dangerous infectious disease,
without having such house or part of a house, and all
articles therein liable to retain infection, disinfected to
the satisfaction of a legally qualified medical prac-
titioner, as testified by a certificate signed by him, or
(as regards the articles) destroyed, shall be liable to a
fine not exceeding twenty pounds.

(2.) For the purposes of this section, the keeper of
an inn shall be deemed to let for hire part of a house
to any person admitted as a guest into such inn.

This section reproduces s. 39 of the Sanitary Act, 1866, and
corresponds to s. 128 of the Pubhc Health Act, 1875. As to
penalty for making a false statement as to infectious disease,
on letting a house, see s. 64, infra.

Dangerous infectious disease — See as to the meaning of the
expression, note to s. 58, supra^ p. 103.

Legally qualified medical practitioner. — For definition , of
this, see note to s. 21, supra, p. 50.

There is no implied warranty by the landlord in letting an
unfurnished house that it is fit for habitation or occupation
{Smith V. Marrable, 11 M. & W. 5 ; 12 L.J. Ex. 223; and
Wilson V. Finch Hatton, 2 Ex. Div. 336; 40 L.J. Ex. 489,
36 L.T. 373), unless the house comes within the provisions of
s. 76 of the Housing of the Working Classes Act, 1890 (53 &
54 Vict. c. 70), which is as follows : " In any contract made

Infectious Diseases.— Prevention. 109

after the fourteenth day of August, one thousand eight hundred Sect. 63.
and eight-five, for letting for habitation by persons of the work-
ing classes a house or part of a house, there shall be implied
a condition that the house is at the commencement of the
holding in all respects reasonably fit for human habitation.
In this section the expression ' letting for habitation by per-
sons of the working-classes ' means the letting for habitation
of a house or part of a house at a rent not exceeding in
England the sum named as a limit for the composition of
rates by s. 3 of the Poor Rate Assessment and Collection
Act, 1869, and in Scotland or Ireland four pounds " \i.e.^ as
regards London houses not exceeding ;£2o a year]. See
Walker v. Hobbs, (1889) 23 Q.B.D. 458.

In the case of furnished houses or rooms the case is
otherwise. See Smith v. Marrable, supra, and Wilson v.
Fifich Hatt07i, S2ipra.

Liable to fine. — As to recovery of fines and penalties, see
s. 117, infra.

Inn. — This is a house where a traveller is furnished with
everything he has occasion for while on his way. Thomson v.
Lacy, 3 B. & A. 283.

Inn-keeper. — Every licensed victualler is not an innkeeper.
See R, V. Rymer, (1877) 2 Q.B.D. 136. An innkeeper, apart
from this statutory duty, has a duty to take reasonable care of
the persons of his guests, so that they are not injured by
reason of a want of such care on his part whilst they are his
guests. Sandys v. Florence, 49 L.J.C.P. 598.

Whether the provisions of s. 64 are extended to innkeepers
is not clear.

A penalty of five pounds for not disinfecting a house or
part of a house on ceasing to occupy the same is imposed by
s. 65, infra.

64. — Any person letting for hire, or showing for the Penalty on
purpose of lettine^ for hire, any house or part of a house. P^^so^s letting

•^1 1- ° ^. ^ ^ nouses making

who, on being questioned by any person negotiating for f^ise state-
the hire, as to the fact of there being, or within six ments as to
weeks previously having been, therein any person Jj]gg^gg^^
suffering from any dangerous infectious disease, know-
ingly makes a false answer to such question, shall be
liable, at the discretion of the court, to a fine not exceed-
ing twenty pounds, or to imprisonment, with or without
hard labour, for a period not exceeding one month.

This section reproduces s. 56 of the Sanitary Act, 1874
(37 & 38 Vict. c. 89), and corresponds to s. 129 of the
PubUc Health Act, 1875.

Dangerous infectious disease — As to the meaning of this
expression, see note to s. 58, supra, p. 103.

no Public Health (London) Act, 1891.

Sect. 65. As to the letting of a house where a person suffering from
dangerous infectious disease has been, see s. 63, supra.

Fine. — As to recovery of fines and penalties, see s. 117,
infra.

Penalty on
ceasing to
occupy house
without disin-
fection or
notice to
owner, or
making false
answer.

65. — (i.) Where a person ceases to occupy any
house, or part of a house, in which any person has
within six weeks previously been suffering from any
dangerous infectious disease, and either —

{a^ fails to have such house, or part of a house,
and all articles therein liable to retain infection,
disinfected to the satisfaction of a legally
qualified medical practitioner, as testified by a
certificate signed by him, or such articles de-
stroyed, or

fails to give to the owner or master of such
house, or part of a house, notice of the previous
existence of such disease, or
if?) on being questioned by the owner or master of,
or by any person negotiating for the hire of,
such house or part of a house, as to the fact of
there having within six weeks previously been
therein any person suffering from any dan-
gerous infectious disease, knowingly makes
a false answer to such question,

he shall be liable to a fine not exceeding ten pounds.

(2.) The sanitary authority shall cause their officers
to serve notice of the provisions of this section on the
master of any house or part of a house in which they
are aware that there is a person suffering from a
dangerous infectious disease.

This section reproduces s. 7 of the Infectious Disease (Pre-
vention) Act, 1890 (53 & 54 Vict. c. 34).

Sub section (2) reproduces s. 14 of the same Act.

Sub-section (i) is an amendment of the law, as under
53 & 54 Vict. c. 34, penalties can be recovered on information
of the sanitary authority only (s. 18); this restriction is now
omitted.

Dangerous infectious disease. — See^ as to meaning of this
expression, note to s. 58, supra, p. 103.

Person negotiating for hire. — This sub-section (i) {c), only
affects the late occupant of the house, whereas, s. 64, under
which is imposed double the penalty under this section, affects
any person letting, or showing for that purpose, the house.

Notice. — This notice, even to the owner or master, by the
late occupant must be in writing, see ss. 127 and 128, infra.

, Infectious Diseases.— Prevention. i i i

Master of the house. — as to definition of this expression, Sect. 65.
s. 141, infra.

66. — (i.) A person suffering from any dangerous Removal to
infectious disease, who is without proper lodging or hospital of m-

1 . -Ill' 1^ • lectecl persons

accommodation, or is lodged in a tent or van, or is on without proper
beard a vessel, may, on a certificate signed by a legally lodging,
qualified medical practitioner, and with the consent of
the superintending body of the hospital to which he is
to be removed, be removed by order of a justice, and at
the cost of the sanitary authority of the district where
such person is found, to any hospital in or within a con-
venient distance of London.

(2.) The order may be addressed to such constable or
officer of the sanitary authority as the justice making
the same thinks expedient ; and if any person wilfully
disobeys or obstructs the execution of such order he
shall be liable to a fine not exceeding ten pounds.

(3.) Any sanitary authority may make bye-laws for
removing to any hospital to which that authority are
entitled to remove patients, and for keeping in that
hospital so long as may be necessary, any persons
brought within their district by any vessel who are
infected with a dangerous infectious disease.

This section reproduces, with amendment, ss. 26 and 29 of
the Sanitary Act, 1866, s. 2 of the Sanitary Act, 1870 (33 &
34 Vict. c. 53), and s. 51 of the Sanitary Act, 1874 (37 &
38 Vict. c. 89). It corresponds to ss. 124 and 125 of the
Public Health Act, 1875.

The above sections of the Sanitary Acts are amended by
the insertion of "tent or van " in sub-section (i), and by the
omission of certain words.

Dangerous infectious disease— As to the meaning of these
words, see note to s. 58, supra ^ P- io3-

Without proper lodging — In this section are omitted the
words "lodged in a room occupied by more than one family,"
which_Qccur in s. 26 of the Sanitary Act, 1866, as evidently
a person in such circumstances is without proper lodging.
This seetion provides for the removal of an infected person to
hospital ; s. 67, infra^ provides for his detention therein.

Legally qualified medical practitioner. — As to the meanino-
of this expression, see note to s. 21, supra, p. 50.
, Tent or van. — Power to enter for the purpose of discover
ing if there is in any tent, van, etc., a person suffering from a
dangerous infectious disease, is given in s. 95 (3) (p), infra.

Vessel. — This includes boat, and every description of vessel,

112 Public Health (London) Act, 1891.

Sect. 66. s. 141. As to the jurisdiction of the sanitary authority over
ships, see s. no, infra.

Hospital — As to the provision of hospitals, etc., see ss. 75 to
81, infra.

As to definition, see 141, infra.

Cost of the sanitary authority. — For provisions as to defray-
ing expenses incurred by sanitary authorities under this Act,
see 103, infra.

Obstruction. — As to provisions of this Act respecting obstruc-
tion of officers, see ss. 115 and 116, infra.

As to what is obstruction, see Small v. Bickley, supra, p. 90.

Fine. — As to recovery of penalties, see s. 117, infra.

Bye-laws. — These must be made in accordance with ss. 182
to 186 of the Public Health Act, 1875, set out ijtfra in Sche-
dule L ; see s. 114, infra. See also s. 142 (3) infra.

67. — (i.) A justice, on being satisfied that a person
suffering from any dangerous infectious disease is in a
proper lodging hospital, and would not on leaving the hospital be pro-
in hospital. vided with lodging or accommodation in which proper
precautions could be taken to prevent the spreading of
the disease by such person, may direct such person to
be detained in the hospital at the cost of the Metropoli-
tan Asylum Managers during the time limited by the
justice. Any justice may enlarge the time as often as
appears to him necessary for preventing the spread of
the disease.

(2.) The direction may be carried into execution by
any officer of any sanitary authority, or of the
Metropolitan Asylum Managers, or by any inspector of
police, or any officer of the hospital.

This section reproduces, with amendment, s. 12 of the
Infectious Disease (Prevention) Act, 1890 (53 & 54 Vict. ,
c. 34).

A justice — It would seem the proper justice to apply to is
one having jurisdiction where the hospital is.

Dangerous infectious disease. — As to the meaning of this
expression, see note to s. 58, supra, p. 103.

Hospital. — The definition of hospital is set out in s. 141,
infra.

At cost of Metropolitan Asylum Managers. — In s. 12 of

the Act of 1890, the cost of detention is borne by the sanitary
authority.

As to the constitution of the Metropolitan Asylum Managers
see note to s. 55, supra, p. 100, and to s. 79, iftfra, p. 124.

Detention of
infected per
son without

Infectious Diseases. — Prevention. 113

As to the funds of the Managers, out of which this expense Sect. 67.
will be borne, see s. 104, infra.

68. — (i.) If any person — Penalty on

. - . exposure of in

(^.) while suffering from any dangerous infectious fected persons
disease wilfully exposes himself without and things,
proper precautions against spreading the said
disease in any street, public place, shop, or
inn ; or

(h) being in charge of any person so suffering, so
exposes such sufferer ; or

ic) gives, lends, sells, transmits, removes, or ex-
poses, without previous disinfection, any
bedding, clothing, or other articles which have
been exposed to infection from any such
disease ;

he shall be liable to a fine not exceeding five pounds.

(2.) Provided that proceedings under this section
shall not be taken against persons transmitting with
proper precautions any bedding, clothing or other
articles for the purpose of having the same disinfected.

This section reproduces s. 38 of the Sanitary Act, 1866,
with the omission of the provisions as to infected persons
using public conveyances, which provisions are dealt with in
s. 70, infra. It corresponds with that exception to s. 126 of
tjie Public Health Act, 1875. The former section is further
amended by the insertion of the words " shop or inn " fol-
lowing the same amendment in the Public Health Act, 1875.

Dangerous infectious disease. — For meaning of this ex-
pression, see note to s. 58, supra^ p. 103.

Exposes. — As to prohibition on infected persons carrying on
business, see s. 69, infra. It is now unlawful, even with the
consent and knowledge of the owner, for an infected person
to enter a public conveyance, s. 70, infra^ although by strange
anomaly a corpse of a person who has died from a dangerous
infectious disease may be carried in a public conveyance,
s. 74, infra.

To expose a person suffering from a contagious disease is a
common law nuisance, and a person doing so is liable to
indictment for such, R.v. VantandillOy (1815) 4 M. & S. 73, .
in which case the mother of a child was convicted for causing
the child infected with small-pox to be taken through the
street.

In the case of R. v. Burnett^ 4 M. & S. 272, the defendant,
an apothecary, was indicted and convicted for unlawfully
causing persons inoculated with small-pox at his premises to

114 Public Health (London) Act, 1891.

Sect. 68. be taken through the streets. See also Metropolitan Asylu7?is
Districts v. Hill, supra^ p. 82.

Inn. — ^As to what is an inn, see note to s. 63, supra, p. 109.

Being in charge of any person — In the case, Tunbridge Wells
Local Board v. Bishopp, (1877) 2 C.P.D. 187, the respondent,
a medical practitioner in Tunbridge, sent a patient who was
suffering from scarlet fever to the fever hospital there with a
certificate, directing him to walk in the middle of the road,
and not to talk to any one ; but in consequence of an infor-
mality in the certificate the patient was refused admission,
whereupon the medical man walked with him through the
streets of the town to the residence of the chairman of the
local board, from whom, after some delay, he obtained an
order for the man's admission to the hospital. He then
returned with the man to the police-station to procure the
ambulance to convey him thither. Upon an information
against the medical man for an alleged infringement of the
statute, the justices were of opinion that it was not proved
before them that the medical man had charge of the patient,
that he had not wilfully exposed the patient in any street or
public place without proper precaution, and that he had made
the best of the means at his disposal to prevent the spread of
the fever, and refused to convict him. It was held, in the
High Court, that the decision was right.

In Best V. Stapp, 2 C.P.D. 191, n, a lodging-house
keeper at Eastbourne recovered and retained a verdict of
;^i2o against a lodger who knowingly introduced into the
plaintiff's house children infected with scarlet fever, in conse-
quence of which the plaintiff lost four of his own children
and was put to expense.

Transmitting with proper precautions. — The sanitary authority
are required to provide carriages, etc., for the removal of
articles, etc., for disinfection or destruction, s. 59, supra, p. 103.
and may provide carriages for the conveyance of infected per-
sons, s. 78, infra.

The Asylum Managers may provide carriages and attendants
for the conveyance of infected persons, s. 79 (2) and (3),
infra.

Under s. 62, the sanitary authority must provide for the
removal of infected rubbish.

Prohibition on 69. — A person v^ho knows himself to be suffering
infected person fj-Qm a dangerous infectious disease shall not milk any
busmesi^" animal or pick fruit, and shall not engage in any
occupation connected with food or carry on any trade
or business in such a manner as to be likely to spread
the infectious disease, and if he does so he shall be
liable to a fine not exceeding ten pounds.

Infectious Diseases.— Prevention. 115

This section is new ; it was proposed in the clause of the
Bill as originally drawn to compensate for the loss entailed by
the prohibition.

Dangerous infectious disease. — As to what this expression
includes, see note to s. 58, supra^ p. 103.

Fine. — As to recovery of penalties, see s. 117, infra.

70. — It shall not be lawful for any owner or driver Prohibition on
of a public conveyance knowingly to convey, or for any I'nfeS p^erson
other person knowingly to place, in any public convey- in public con-
ance, a person suffering from any dangerous infectious veyance.
disease, or for a person suffering from any such disease
to enter any public conveyance, and if he does so he
shall be liable to a fine not exceeding ten pounds; and,
if any person so suffering is conveyed in any public
conveyance, the owner or driver thereof, as soon as it
comes to his knowledge, shall give notice to the sanitary
authority, and shall cause such conveyance to be disin-
fected, and if he fails so to do he shall be liable to a fine
not exceeding five pounds, and the owner or driver of
such conveyance shall be entitled to recover in a
summary manner from the person so conveyed by him,
or from the person causing that person to be so con-
veyed, a sum sufficient to cover any loss and expense
incurred by him in connexion with such disinfection.
It shall be the duty of the sanitary authority, when so
requested by the owner or driver of such public convey-
ance, to provide for the disinfection of the same, and
they may do so free of charge.

This section is a great alteration of the previous law, as
by s. 25 of the Sanitary Act, 1866, it was not unlawful to
convey an infected person, or for an infected person to be
conveyed in a public conveyance. Under that section it
was unlawful, under a penalty of ;£"5, to be so conveyed
without previously informing the owner or driver of the con-
veyance. The owner or driver was not compelled to convey,
unless paid sufificient to compensate for expense of disinfec-
tion, etc. By s. 38, the owner or driver of the public con-
veyance was liable to a penalty of five pounds if he did not
immediately provide for the disinfection of his conveyance
after it had, with his knowledge, conveyed an infected person.

The Public Health Act, 1875, s. 126, makes it unlawful
to use a public conveyance for an infected person without
previously notifying the owner, and s. 127 imposes penalty
on the owner if he does not disinfect.

Public conveyance. — This section only applies to public

I 2

ii6 Public Health (London) Act, 1891. \

Sect. 70. conveyances, and not to private carriages. If a person im- 1

■ properly exposes himself, or is exposed in a private carriage, i

the offence can be dealt with under s. 68, su^ra. \

^ Fine and compensation—As to recovery of these, see s. 117, i

infra. \

By what is probably an oversight, while making absolutely ]
unlawful the carriage of a living person suffering from a "\
dangerous infectious disease, it is left permissible, with the j
owner or driver's consent, to carry in a public conveyance
the body of a person who has died from a dangerous in-
fectious disease ; s. "J infra. <

A possible reason there may be for leaving this power, that
such power would be necessary in time of epidemics. But
the same reason would apply with equal force to the convey-
ance of living persons infected with dangerous infectious \
"disease. i

Section 74 is transferred without alteration from s. 1 1 of the ;

Infectious Disease (Prevention) Act, 1890, and the amend- i

ment of s. 70 took place after the transfer of s. 74, which \
probably escaped notice.

Inspection of 71 If the medical ofificer of health of any 1

power 'to pro- district has evidence that any person in the district is '\
hibit supply of suffering from a dangerous infectious disease attribut-

"^ill^- able to milk supplied within the district from any dairy \

situate within or without the district, or that the con- !

sumption of milk from such dairy is likely to cause any 1

such infectious disease to any person residing in the i

district, such medical ofificer shall, if authorized by an |

order of a justice having jurisdiction m the place where «

the dairy is situate, have power to inspect the dairy, and \
if accompanied by a veterinary inspector or some other

properly qualified veterinary surgeon to inspect the ,

animals therein ; and, if on such inspection the medical i

officer of health is of opinion that any such infectious '
disease is caused from consumption of the milk supplied

therefrom, he shall report thereon to the sanitary \

authority, and his report shall be accompanied by any j

report furnished to him by the said veterinary inspector j

or veterinary surgeon, and the sanitary authority may \

thereupon serve on ' the dairyman notice to appear :

before them within such time, not less than twenty-four ^

hours, as may be specified in the notice, to show cause i
why an order should not be made requiring him not to
supply any milk therefrom within the district until the

order has been withdrawn by the sanitary authority. !

(2.) The sanitary authority, if in their opinion he fails

' to show such cause, may make the said order, and shall ;

-Infectious Diseases.^Prevention. 117

forthwith serve notice of the facts on the county council
of the county in which the dairy is situate, and on the
Local Government Board, and, if the dairy is situate
within the district of another sanitary authority, on
such authority.

(3.) The said order shall be forthwith withdrawn on
the sanitary authority or their medical officer of health
on their behalf being satisfied that the milk-supply has
been changed, or that the cause of the infection has
been removed.

(4.) If any person refuses to permit the medical
officer of health, on the production of a justice's order
under this section, to inspect any dairy, or if so accom-
panied as aforesaid to inspect the animals kept there,
or, after any such order has been made, supplies any
milk within the district in contravention of the order or
sells it for consumption therein, he shall, on the infor^
mation of the sanitary authority, be liable to a fine not
exceeding five pounds, and, if the offence continues, to
a further fine not exceeding forty shillings for every day
during which the offence continues.

(5.) Provided that—

(a.) proceedings in respect of the offence shall be
taken before a court having jurisdiction in the
place where the dairy is situate, and

(b.) a dairyman shall not be liable to an action for
breach of contract if the breach be due to an
order under this section.

(6.) Proceedings may be taken under this section in
respect of a dairy situate in the district of a local
authority under the Public Health Acts, and the notice
of the facts shall be served on the local authority as if
they were a sanitary authority within the meaning oi
this Act.

(7.) Nothing in or done under this section shall inter-
fere with the operation or effect of the Contagious
Diseases (Animals) Acts, 1878 to 1886, or this Act, or
of any order, licence, or act of the Board of Agriculture
or the Local Government Board thereunder, or of any
order, bye-law, regulation, licence, or act of a local
authority made, granted, or done under any such order
of the Board of Agriculture or the Local Government
Board, or exempt any dairy, building, or thing or any
person from the provisions of any general Act relating
to dairies, milk, or animals.

ii8 Public Health (London) Act, 1891,

Sect. 71. This section reproduces ss. 4, 16, 18, and 24 of the Infec-
tious Disease (Prevention) Act, 1890 (53 & 54 Vict. c. 34).

Medical officer of health — His appointment, quaHfication,
and duties are set out, infra^ ss. 106 to 109.

Dangerous infectious disease — See, as to what this expression
includes, note to s. 58, supra, p. 103.

District. — This is defined, s. 99 (2), infra.

Dairy. — The expression " dairy," includes any farm, farm-
house, cowshed, milk-store, milk-shop, or other place from
which milk is supplied or in which milk is kept for the pur-
pose of sale ; s. 141.

If the dairy is outside the administrative county of London
to which only this Act in general applies, the powers of this
section can be executed by the proviso of s. 132. See, also,
sub-section 6 of this section.

Order of justice. — A justice may grant a warrant to authorize
the inspection under s. 115 (3), infra.

Order and notice. — As to authentication of orders and
notices and service of them, see ss. 127, 128, infra.

Contagious Diseases (Animals) Acts. — These Acts are, 41
& 42 Vict. c. 74, 47 & 48 Vict. c. 13, 47 ; and 49 &
50 Vict. c. 32.

By the Local Government Act, 1888, s. 3 (xiii), the exe-
cution as local authority of these Acts was transferred from
the justices to the county council, and the jurisdiction of the
London county council is given to it by s. 40 (8) of that Act.
The Corporation of the City of London is still the local au-
thority for the execution of these Acts by ss. 35 (i) and 41 (i)
of the Local Government Act, 1888.

Veterinary inspector — The local authority, under the Con-
tagious Diseases (Animals) Act, must appoint veterinary
inspectors, 41 & 42 Vict. c. 74, s. 42.

72. — (i.) A person shall not without the sanction in
writing of the medical officer of health, or of a legally
qualified medical practitioner, retain unburied for more
than forty-eight hours elsewhere than in a room not
used at the time as a dwelling-place, sleeping-place, or
work-room, the body of any person who has died of any
dangerous infectious disease.

(2.) If a person acts in contravention of this section
he shall, on the information of the sanitary authority,
be liable to a fine not exceeding five pounds.

This section reproduces s. 8 of the Infectious Disease (Pre-
vention) Act, 1890.

Body retained unburied. — If a body is retained unburied in

Prohibition of
retention of
dead body in
certain cases.

Infectious Diseases. — Prevention. 119

contravention of this section, in addition to the penalty herein Sect. 72.

imposed, the remedy is given by s. 89, infra, by which a

justice may direct the removal to a mortuary and burial of the
body.

Dangerous infectious disease. — As to meaning of this ex-
pression, see note to s. 58, supra^ p. 103.

Fine. — It must be observed, the fine can be imposed on the
information of the sanitary authority only. As to the recovery
of fines, see s. 117, infra^ and as to their application, s. 119,
infra.

Legally qualified medical practitioner. — As to this, see note
to s. 21, supra, p. 50.

73. — (I.) If a person dies in a hospital from any Body of person
dangerous infectious disease, and the medical officer of dying of infec-
health, or any legally qualified medical practitioner, horpitlt^&c.)°
certifies that in his opinion it is desirable, in order to to be removed
prevent the risk of communicating such infectious only for burial,
disease, that the body be not removed from such
hospital except for the purpose of being forthwith
buried, it shall not be lawful for any person to remove
the body except for that purpose ; and the body when
taken out of such hospital shall be forthwith taken
direct to the place of burial, and there buried.

(2.) If any person wilfully offends against this section
he shall, on the information of the sanitary authority,
be liable to a fine not exceeding ten pounds.

(3.) Nothing in this section shall .prevent the removal
of a dead body from a hospital to a mortuary, and such
mortuary shall, for the purposes of this section, be
deemed part of such hospital.

This section reproduces s. 9 of the Infectious Disease (Pre-
vention) Act, 1890.

Hospital. — This means any premises or vessel for the recep-
tion of the sick, whether permanently or temporarily applied
for that purpose, and includes an asylum of the MetropoHtan
Asylum Managers ; s. 141.

Dangerous infectious disease — See as to the meaning of this
expression, note to s. 58, supra^ p. 103.

Legally qualified medical practitioner. — See note to s. 21,
supra, p. 50.

Forthwith buried. — Provision is made for a justice to issue
his warrant to give effect to the provisions of this section if
offended against ; see s. 89, infra. Unless the friends or rela-
tions of the deceased undertake to bury the body within a time
limited by the justice the relieving officer will have to bury

I20 Public Health (London) Act, 1891.

Sect. 73, the body. There is no definition of " burial " in the Act ; it
would seem, however, that the word would include " crema-
tion."

Fine._As to recovery and application of fines, see ss. 117
and 119, infra. The fine under this section can be recovered
on information of the sanitary authority only.

Mortuary. — Under s. 88, infra, every sanitary authority
must provide, a mortuary and may provide for economical
interments at charges to be fixed by bye-laws.

Disinfection of
public convey-
ances if used
for carrying
corpses.

74.~

{a.)

•If—

a person hires or uses a public conveyance other
than a hearse for conveying the body of a
person v^ho has died from any dangerous in-
fectious disease, v^rithout previously notifying
to the ovi^ner or driver of the conveyance that
such person died from infectious disease, or
{b.) the ow^ner or driver does not, immediately after
the conveyance has to his knowledge been
used for conveying such body, provide for the
disinfection of the conveyance,

he shall, on the information of the sanitary authority,
be liable to a fine not exceeding five pounds, and if the
offence continues to a further fine not exceeding forty
shillings for every day during which the offence con-
tinues.

This section reproduces s. 11 of the Infectious Disease
(Prevention) Act, 1890. See note to s. 70, supra, p. 115. The
section is amended so as to make the owner or driver liable
for not disinfecting, if the knowledge of the use of the hearse
for carrying a dead body of a person dying from a dangerous
infectious disease is acquired in any manner, and not merely
from the driver.

Public conveyance — There is no definition in the Act as to
what is included in this expression ; it may be well thought
that a hearse is not a public conveyance, despite the use of
the words, " a public conveyance other than a hearse."

On information of the sanitary authority. — It would seem
that the liability would not arise on information of any other
person. These words were omitted in s. 65 (i), suj>ra, but
are retained in ss. 72 and 73.

Fine. — As to the recovery and application of the fine, see
ss. 117 and 119, infra.

Hospitals and Ambulances.

121

Hospitals and Ambulances, Sect. 75.

75. — (i.) Any sanitary authority may provide for Power of sani-
the use of the inhabitants of their district hospitals {^'y^^^i^^"*^
temporary or permanent, and for that purpose may — hospitals.^
{a) themselves build such hospitals, or
\b) contract for the use of any hospital or part of
a hospital, or

- (^.) enter into any agreement v^ith any person
having the management of any hospital for
the reception of the sick inhabitants of their
district, on payment of such annual or other
sum as may be agreed on.
(2.) Two or more sanitary authorities may combine
in providing a common hospital.

This section reproduces s. 37 of the Sanitary Act, 1866, and
corresponds to s. 131 of the Public Health Act, 1875.

May provide — Mortuaries may be provided under s. 88,
infra^ and a temporary supply of medicine and medical assist-
ance under s. 77.

HoBpitaL — This means any premises or vessels for the recep-
tion of the sick, whether permanently or temporarily applied for
that purpose, and includes an asylum of the Metropolitan
Asylums Managers ; s. 141, infra.

As to the expenses under this Act, see s. 103, infra.

The provision of hospitals is one of the purposes for which
vestries and district boards are authorized to borrow; s. 105.

A sanitary authority for the purposes of their duty may
acquire and hold land without any licence in mortmain ; s. 99
(5), infra.

Contract. — As to power and manner of contracting by vestries
and district boards, see s. 149 of the MetropoHs Management
Act, 1855, set out in Appendix, infra.

As to the removal to hospital of infected persons without
proper lodging, see s. 66, supra, p. iii, and as to detention of
such in hospital, see s. 67, supra, p. 112.

The powers under this section are permissive, and a sanitary
authority must be careful that in carrying them out they do
not create a nuisance ; see Hill v. Metropolitan Asylums Dis-
trict, 6 App. Cas. 193, supra, p. 82.

In Tod-Heatley v. Benham, (1888) 40 Ch.D. 80, it was
held that the establishment of a hospital for the treatment of
out-door patients suffering from diseases of the throat, nose,
ear, skin, eye, fistula, and other diseases, is a breach of a
covenant in a building lease against carrying on certain speci-
fied trades, or doing any act which shall, or may be, or grow.

122 Public Health (London) Act, 1891.

Sect. 75. to the annoyance, nuisance, grievance or damage of the lessor
or the inhabitants of the neighbouring or adjoining houses.

In order to enforce such a covenant it is sufficient, without
proving actual risk of infection, that sensible people feel a
reasonable apprehension of risk and interference with the
pleasurable enjoyment of their houses for ordinary purposes,
as distinguished from a mere fanciful feeling of distaste enter-
tained by sensitive persons.

Sanitary authorities may combine. — Sanitary authorities may
be combined by the Local Government Board for the enforce-
ment of epidemic regulations under s. 84, infra. They may
appoint the same person medical officer of health of their dis-
tricts, under s. 106 (2), infra.

They may also combine for the purpose of providing a
mortuary in common under s. 91, infra.

As to expenses, see note to s. 76, infra.

Recovery of 76.— Any expenses incurred by a sanitary authority
cost of mam- maintaining in a hospital (whether or not belon^ine^

tenance of non- . .1 . -v \ i. • 4. u • u a -

infectious uvdX authority) a patient who is not a pauper, and is

patient in not suffering from an infectious disease, shall be a
hospital. simple contract debt due to the sanitary authority from
that patient, or from any person liable by law to main-
tain him, but proceedings for its recovery shall not be
commenced after the expiration of six months from the
discharge of the patient, or if he dies in such hospital
from the date of his death.

Any expenses. — As to recovery of expenses in abatement of
nuisances, see s. 11, supra, p. 29.

Under s. 15 of the Poor Law Act, 1879 (42 & 43 Vict,
c. 54), which is repealed by this Act, the Metropolitan Asylums
Board could contract with sanitary authorities in the metropolis
for the reception and maintenance in the Board's hospitals of
persons suffering from dangerous infectious disorders, and such
patients were deemed to be maintained in the hospital at the
expense of the authority making the contract. The section
then provided for the recovery of the expense incurred by the
sanitary authority from the patient. Under s. 76 of this Act
this power of recovery of costs is in respect of a patient suffer-
ing from only a non-infectious disease. This section is a
considerable alteration of s. 15 of the Poor Law Act, 1879.
See note to s. 80, infra.

The expenses of a sanitary authority under this Act are to
be defrayed as directed in s. 103, infra. As to the recovery
of expenses, see s. 117, infra. The expenses of providing
buildings for the reception of patients for the purposes of the
epidemic regulations of the Local Government Board, and
two-thirds of the salaries of officers employed in such buildings

Hospitals and Ambulances. 123

will be chargeable upon the metropolitan common poor fund ; Sect. 76.
see s. 87, infra.

Person liable to maintain. — The persons liable by law to
maintain another person are so hable by the 43 Eliz. c. 2. By
s. 6 of that Act " the father and grandfather, and the
mother and grandmother, and the children of every poor old
blind, lame and impotent person, or other person not able to
work, being of sufficient ability, shall at their own charges
relieve and maintain every such poor person."

A man is further responsible at common law for the main-
tenance of his wife and family.

A married woman is also liable under s. 20 of the Married
Woman's Property Act, 1882 (45 & 46 Vict. c. 75) for the
maintenance of her husband, and under s. 21 of her children,
under the conditions laid down in those sections.

The words " or from any person liable by law to maintain
him," do not occur in s. 132 of the PubHc Health Act, 1875,
which corresponds to this section.

77. — Any sanitary authority may, v^ith the sanction Power to pro-
of the Local Government Board, themselves provide, or ^^^^ temporary
contract with any person to provide, a temporary supply ^^^^ yo me 1-
of medicine and medical assistance for the poorer
inhabitants of their district.

This section reproduces s. 10 of the Sanitary Act, 1868
(31 & 32 Vict. c. 115), and corresponds to s. 133 of the Public
Health Act, 1875.

As to provisions of hospitals, see s. 75, supra, p. 121 ; and
as to the provision of mortuaries, see s. 88, t'n/ra.

The expense entailed by this section is provided for by
s. 103, tn/ra. This section will extend to the provision of
medicine on board ships under s. no, infra.

78. — A sanitary authority may provide and maintain Provision of
carriages suitable for the conveyance of persons suffer- conveyance
ing from any infectious disease,, and pay the expense of persons^^^^
conveying therein any person so suffering to a hospital
of other place of destination.

This section reproduces s. 24 of the Sanitary Act, 1866, and
s. 12 of the Nuisances Removal Act, i860, and corresponds
to s. 123 of the PubHc Health Act, 1875. Under s. 59, supra^
p. 103, the sanitary authority are empowered to provide con-
veyances for infected bedding, &c.

The expenses of the sanitary authority are provided for by
s. 103, iffra.

The application of this section is not restricted to dangerous
infectious diseases; see note to s. 58, supra, p. 103.

124 Public Health (London) Act, 1891.

Sect. 78. The Metropolitan Asylum Managers may also provide

carriages for the conveyance of persons suffering from dangerous

infectious diseases ; s. 79, infra.

Power for 79. — (i.) The Metropolitan Asylum Managers shall

As^\um°BoaTd ^^^^inue to maintain the wharves, landing-places, and
to provide approaches thereto heretofore provided by them,
landing-places, whether within or without London, and may use the
bulances^^'c ^^"^^ embarkation and landing of persons re-

* moved to or from any hospital belonging to the
Managers, and for any other purpose in relation thereto.

(2.) The Managers may also provide and maintain
vessels for use in connexion with the said wharves or
landing-places, and with the hospitals of the Managers,
and also carriages suitable for the conveyance of persons
suffering from any dangerous infectious disease, and
shall cause the vessels and carriages to be from time to
time properly cleansed and disinfected, and may provide
and maintain such buildings and horses, and employ
such persons, and do such other things as are necessary
or proper for the purposes of such conveyance.

(3.) The Metropolitan Asylum Managers may allow
any of the said carriages with the necessary attendants
to be also used for the conveyance of persons suffering
from any dangerous infectious disease to and from
hospitals and places other than hospitals provided by
the Managers, and may make a reasonable charge for
that use.

This section reproduces in part of sub-section (2) a part of
s. 16 of the Poor Law Act, 1879 (42 & 43 Vict. c. 54). Sub-
section (i) reproduces s. 6 of the Diseases Prevention (Metro-
poHs) Act, 1883 (46 & 47 Vict. c. 35), by which the Metro-
politan Asylum Managers were required to provide on the
banks of the Thames wharves or landing places and ap-
proaches, three being within and one without the metropolis,
for embarkation and landing of persons removed to or from an
hospital ship or hospital belonging to the Managers. Sub-
section (3) reproduces s. 6 of the Poor Law Act, 1889
(52 & 53 Vict. c. 56).

Metropolitan Asylum Managers. — The whole of the metro-
polis was formed by the Local Government Board (formerly
Poor Law Board) into one asylums district, under Managers
who are called the Metropolitan Asylum Managers or Metro-
politan Asylum Board, under 30 Vict. c. 6, as amended by
32 & 33 Vict. c. 63, s. I, and 39 Vict. c. 61, s. 40.

The Managers are partly elective and partly nominated, the
former being elected by the guardians of the several unions
and parishes.

Hospitals and Ambulances,

125

Their duties are prescribed by s. 5 of 30 Vict. c. 6, as the pro- Sect. 79.
vision of asylums for, and the reception and reheving of, sick,
insane and infirm, or other class or classes of the poor charge-
able in unions and parishes in the metropoHs.

The Metropolitan Asylum Managers have, for the purposes
of the epidemic regulations of the Local Government Board,
such powers and duties of a sanitary authority as the Local
Government Board may assign them ; s. 85, infra.

Carriages — As to the provision and use of carriages provided
by the sanitary authority, see ss. 59 and 78, supra, pp. 103, 123.

Dangerous infectious disease. — As to the meaning of these
words, see note to s. 58, supra, p. 103.

Reasonable charge. — As to the expense of the asylum board
under the provisions of this Act, and the manner of defraying
the same, see s. 104, infra.

80. — (i.) The Metropolitan Asylum Managers, sub- Reception of
ject to such regulations and restrictions as the Local non-pauper
Government Board prescribe, may admit any person, g^all-pox
-who is not a pauper, and is reasonably believed to be patients into
suffering from fever or small-pox or diphtheria, into a lio»pitaI in
hospital provided by the Managers. ^istriT^''^''

(2.) The expenses incurred by the Managers for the
maintenance of any such person shall be paid by the
board of guardians of the poor law union from which
he is received.

(3.) The said expenses shall be repaid to the board
of guardians out of the metropolitan common poor
fund.

(4.) The admission of a person suffering from an
infectious disease into any hospital provided by the
Metropolitan Asylum Managers, or the maintenance of
any such person therein, shall not be considered to be
parochial relief, alms, or charitable allowance to any
person, or to the parent or husband of any person ;
nor shall any person or his or her parent or husband be
by reason thereof deprived of any right or privilege, or
be subjected to any disability or disqualification.

The first three sub-sections of this section reproduce the
first three sub-sections of s. 3 of the Poor Law Act, 1889
(52 & 53 Vict. c. 56), with the omission in sub-section (2)
of the power of the board of guardians to recover their ex-
penses from the patient received. The fourth sub-section
reproduces s. 7 of the Diseases Prevention (Metropolis) Act,
1883 (46 &47 Vict. c. 35).

Expenses of the Managers — The Metropolitan Asylums
Managers, as constituted originally, were a poor law authority

126 Public Health (London) Act, 1891.

Sect. 80. only, and could receive into their hospitals for infectious
diseases pauper cases only ; to enable them to receive non-
pauper patients power was given to them by s. 15 of the
Poor Law Act, 1879 (42 & 43 Vict. c. 54) to contract with
sanitary authorities for the reception and maintenance in their
hospitals of any person suffering from a dangerous infectious
disease whom a sanitary authority required them to receive
to prevent the spread of infection. Such person was deemed
to be maintained by the sanitary authority.

The power of the Metropolitan Asylums Managers to con-
tract contained in s. 1 5, being now unnecessary under the pro-
visions of s. 80 of this Act, is repealed by this Act (s. 142),
and is not re-enacted. See further as to the expenses of, and
power to borrow money by, the Managers, s. 104, infra.

Metropolitan common poor fund — As to the establishment,
application and payment out of this fund, see the Metropolitan
Poor Act, 1867 (30 Vict. c. 6), ss. 61 to 72, and the Acts
amending the same.

Certain expenses of the sanitary authority in carrying out
the epidemic regulations will be charged upon this fund ; see
s. 87, infra.

Reception into 81. — (i.) Where the London School Board send any
hospital m child to an industrial school which is provided by them
district of outside London, such child shall for the purpose of the
child from enactments relating to the Metropolitan Asylum Mana-
London^^^^^^ ^^^^ deemed to continue to be an inhabitant of
°" London, and if such child is sent to any hospital of

those Managers he shall be deemed to have been sent
from that place in London from which he was sent to
the said industrial school.

(2.) This section shall apply to that part of London
which is not within the Metropolitan Asylum district
as if it were within that district, and the board of
guardians of the poor law union comprising that part
shall pay for such child accordingly.

This section is an amendment of the law.

Industrial school. — Under the Elementary Education Acts,
1870, 1873 and 1876 (33 & 34 Vict. c. 75, s. 28 ; 36 & 37 Vict,
c. 86 s. 10 ; and 39 & 40 Vict. c. 79, s. 15), a school board
have power, with the consent of one of Her Majesty's Principal
Secretaries of State, to establish, build, and maintain industrial
schools, and to spread the payment of the expense of such
establishment and building over a number of years not exceed-
ing fifty, and to borrow money for the purpose. And under the
above Acts the school board has the same power as is given to a
prison authority by s. 12 of the Industrial School Act, 1866
(29 & 30 Vict. c. 118, s. 12), to contribute to the alteration,

Hospitals and Ambulances.

127

enlargement or re-building of an industrial school on its Sect. 81.

establishment or building. By the Elementary Education

(Industrial Schools) Act, 1879 (42 & 43 Vict. c. 48), powers of
school boards were enlarged, and by s. 4 power was given to
guardians to contribute to the maintenance of a child in an
industrial school.

The Industrial Schools Act, 1866, was amended by the
Industrial Schools Acts Amendment Act, 1880 (43 & 44 Vict,
c. 15).

Part of London. — The hamlet of Penge, which forms part
of the district of the Lewisham District Board of Works, is, for
sanitary purposes, within the county of London, see s. 246 of
the Metropolis Management Act, 1855 (18 & 19 Vict. c. 120) ; '
but it forms for poor-law purposes a part of the Croydon
Union, which does not form part of the Metropolitan Asylum
district. As to the apportionment of expenses between the
hamlet of Penge and the remainder of Lewisham district, see
s. 131, infra.

Prevention of Epidemic Diseases.
82. — (l) The sanitary authority of any district Sanitary autho-
within which or part of which regulations issued by the epfdemic^regu-
Local Government Board in pursuance of section one lations.
hundred and thirty-four of the Public Health Act, 38 & 39 Vict.
1875, set out in the First Schedule to this Act (in this ^*
Act referred to as the epidemic regulations) are in
force, shall superintend and see to the execution thereof,
and shall appoint and pay such medical or other officers
or persons, and do and provide all such acts, matters,
and things, as may be necessary for mitigating any
disease to which the regulations relate, or for super-
intending or aiding in the execution of such regula-
tions, or for executing the same, as the case may
require.

(2.) The sanitary authority may direct any prosecu-
tion or legal proceedings for or in respect of the wilful
violation or neglect of any such regulation.

(3.) The sanitary authority shall have power to enter
on any premises or vessel for the purpose of executing
or superintending the execution of any of the epidemic
regulations.

This section reproduces ss. 4, 8, and 9 of the Diseases Pre-
vention Act, 1855 (18 & 19 Vict. c. 116), and corresponds to
ss. 136 and 137 of the Public Health Act, 1875.

Medical oflRcers. — See^ as to power to appoint medical officers
of health and sanitary inspectors under this Act, ss. 106-109,
infra.

128 Public Health (London) Act, 1891.

Sect. 82. Execution of such regulations — The duty o the sanitary

authority under this section is imperative. As to procedure in

case of neglect by the sanitary authority, see ss. 100 and loi,
infra. The Local Government Board may combine sanitary
authorities for the execution of epidemic regulations, see s. 84.

As to the penalty for violation of these regulations, see s. 140
of the Public Health Act, 1875, set out infra^ in Schedule I.

Further powers of the Local Government Board as to cholera
and other infectious diseases are contained in s. 11 3, infra.

Expenses. — The general expenses of the sanitary authority
are provided for by s. 103, infra. The purposes of the epi-
demic regulations under this Act are purposes for which
sanitary authorities are authorized to borrow under this Act;
s. 105, infra.

The expense of providing buildings for patients in pursu-
ance of the epidemic regulations, and two-thirds of the salaries
of the officers employed therein, will be a charge upon the
metropolitan common poor fund, to be paid by the treasurer
of that fund to the sanitary authority upon the precept of the
Local Government Board; s. 87, infra.

Legal proceedings. — These are regulated by s. 117, infra.
The sanitary authority may appear before any court or in any
legal proceedings by their clerk or other officer authorized by
the authority to so appear ; see s. 123, infra.

Entry. — For power to enter to inspect and abate nuisances,
and to see to the enforcement of nuisance orders, see s. 10,
supra^ p. 28. As to general provisions as to obstruction of
officers seeking to enter, etc., see ss. 115 and 116, infra.

Premises or vessel. — By s. no, infra, a vessel within the
district of a sanitary authority is subject to the jurisdiction of
the sanitary authority as though it were a house. " Premises "
is defined in s. 141, infra ; as to provisions respecting vans,
tents, etc., see s. 95, infra.

Poor law medi- 83. — (i-) Whenever, in compliance with the epidemic
cal officers en- regulations, any poor law medical officer performs any
of attendance medical service on board any vessel, he shall be entitled
on board to charge extra for such service, at the general rate of
vessels. j^jg allowance for services for the poor law union for
which he is appointed ; and such charges shall be paid
by the master of the vessel on behalf of the owners
thereof, together with any reasonable expenses for the
treatment of the sick.

(2.) Where such service is rendered by any medical
practitioner who is not a poor law medical officer, he
shall be entitled to charge for the service with extra
remuneration on account of distance, at the rate which
he is in the habit of receiving from private patients of

Prevention of Epidemic Diseases. 129

the class of those attended and treated on shipboard, Sect. 83.
and such charge shall be paid as aforesaid. Any dis-
pute in respect of such charge may, where the charges
do not exceed twenty pounds, be determined by a petty
sessional court ; and that court shall determine sum-
marily the amount which is reasonable, according to
the accustomed rate of charge within the place where
the dispute arises for attendance on patients of the like
class as those in respect of whom the charge is made.

This section reproduces s. 12 of the Diseases Prevention
Act, 1855 ^ 19 ^^ct. c. 116), and corresponds to s. 138
of the Public Health Act, 1875.

Poor law medical officer. — If the poor law medical ofificer is
paid a fixed salary, and not so much per case attended, it is
difficult to see how his remuneration is to be fixed under this
section. One way would be to divide his total salary by the
total number of cases he attends.

Master of the vessel. — This means, in addition to the
" master" any person in charge of the vessel ; see s. 141, and
also see s. no (2).

Petty sessional court. — This is defined by the Interpretation
Act, 1889, s. 13.

84. — The Local Government Board may, if they Local Govern-
think fit, by order authorize or require any two or more ^mV^
sanitary authorities to act together for the purposes of ^nkar^jTautho-
the epidemic regulations and prescribe the mode of rities.
such joint action, and of defraying the cost thereof, and
generally may make any regulations necessary or proper
for carrying into execution this section.

This section reproduces s. 40 of the Sanitary Act, 1866, and ,
corresponds to s. 139 of the Public Health Act, 1875.

Sanitary authorities may combine and appoint the same
person medical officer of health of their districts under s. 106
(2), in/ra, and may combine for providing a common hospital
under s. 75 (2), supra^ and a common mortuary under s. 91,
infra.

85. — (i.) The Metropolitan Asylum Managers shall Metropolitan
within their district have for the purpose of the epi- ^^IT^^\^x '
demic regulations such powers and duties of a sanitary authority for
authority as may be assigned to them by the regula- P^^f^^^fion of
tions ; and the Local Government Board may make eases^"^*^
regulations for that purpose and thereby provide for
the adjustment of the functions of the Managers
relatively to those of any sanitary authorities.

I30 Public Health (London) Act, 1891.

Sect. 85. (2.) Subject to such regulations the Metropolitan
Asylum Managers may use any of their property, real
or personal, and their staff, for the execution of any
powers or duties conferred or imposed on them under
this section.

This section reproduces ss. 2 and 10 of the Diseases Pre-
vention (Metropolis) Act, 1883 (46 & 47 Vict. c. 35).

Metropolitan Asylum Managers — As to the constitution and
duties of the Metropolitan Asylum Managers, see note to s. 79,
supra^ p. 124.

Powers and duties of a sanitary authority. — The Metropo-
litan Asylum Managers will only have such powers of a sanitary
authority as the Local Government Board may assign them
in the regulation. They will not have all the general powers
of a sanitary authority under this Act. As to the powers of a
sanitary authority with regard to epidemic regulations, see s. 82,
supra, p. 127. As to what are the authorities for the execu-
tion of this Act, see s. 99, infra.

Power'tolet 86. — Any authority or body of persons having the

hospitals, &c. management and control of any hospital, infirmary,
asylum, or workhouse may let the same or any part
thereof to the Metropolitan Asylum Managers, and
enter into and carry into effect contracts with those
Managers for the reception, treatment, and maintenance
therein of persons suffering from cholera or choleraic
diarrhoea within the district of the Managers :

Provided that the power conferred by this section
shall not, without the consent of the Local Government
Board, be exercised with respect to any asylum under

30 & 31 Vict, the Metropolitan Poor Act, 1867, or any workhouse.

c. 6.

This section reproduces ss. 3 and 12 of the Diseases Pre-
vention (Metropolis) Act, 1883 (46 & 47 Vict. c. 35).

Contract with the Managers. — As to powers of sanitary autho-
rities to contract for the use of a hospital, and to enter into
agreements for the reception of sick inhabitants in hospitals,
see s. 75, supra, p. 121. As to duties of the Metropolitan
Asylum Managers, see s. 79, supra, p. 124.

District of the Managers. — See note to s. 79, supra, p. 124.

Repayment to 87. — The amount expended in pursuance of the
sanitary autho- epidemic regulations by any sanitary authority in pro-
Spenses'l^'^''''' viding any building for the reception of patients or
other persons shall, to such extent as may be de-
termined by the Local Government Board, together
with two thirds of the salaries or remuneration of any

Prevention of Epidemic Diseases. 131

officers or servants employed in any such building Sect,
under this Act, be repaid to such sanitary authority
from the metropolitan common poor fund by the re-
ceiver of that fund, out of any moneys for the time
being in his hands, on the precept of the said Board, to
be issued after the production of such evidence in
support of the expenditure as they may deem satisfac-
tory, and the said Board may require contributions for
the purpose of raising the sums so repayable.

This section reproduces s. 4 of the Diseases Prevention
(Metropolis) Act, 1883 (46 & 47 Vict. c. 35).

Expenses. — See generally as to expenses under this Act, s.
103, infra. The purposes of the epidemic regulations are pur-
poses for which a sanitary authority may borrow; see s. 105,
infra. The expenses of the Metropolitan Asylum Managers
are to be defrayed as directed in s. 31 of the Metropolitan
Poor Act, 1867 (30 & 31 Vict. c. 6); see s. 104 of this Act,
infra.

For provision respecting the apportionment of expenses
between the hamlet of Penge and the remainder of Lewisham
District, see ^. 131, infra.

Metropolitan common poor fund— As to the establishment,
application and payment out of this fund, see the Metropolitan
Poor Act, 1867 (30 Vict. c. 6), ss. 61 to 72, and the Acts
amending the same ; see also s. 80, supra, p. 125.

Mortuaries^ &c.

88. — Every sanitary authority shall provide and fit Power of
up a proper place for the reception of dead bodies J^^^^^fji^^
before interment (in this Act called a mortuary), and
may make bj^e-laws with respect to the management
and charges for the use of the same ; they may also
provide for the decent and economical interment, at
charges to be fixed by such bye-laws, of any dead body
received into a mortuary.

This section reproduces s. 27 of the Sanitary Act, 1866,
and corresponds to s. 141 of the Public Health Act, 1875.

Shall provide — The duty under this section is imperative ;
under the repealed section in the Sanitary Act, 1866, the
power to provide mortuaries was optional. It is only com-
pulsory outside London if the Local Government Board order
a sanitary authority to provide a mortuary.

Although the duty is imperative, it may be discharged by
the sanitary authority, with the approval of the county council,
combining with another sanitary authority to provide one in

K 2

132 Public Health (London) Act, 1891.

Sect. 88.

Power of jus-
tice in certain
cases to order
removal of
dead body to
mortuary.

common, or by contracting for the use of the mortuary of
another sanitary authority; s. 91, infra.

As to procedure in case of neglect to provide, see ss. 100 and
1 01, infra.

As to power of a sanitary authority to hold land, see s. 99,
infra.

The expense of providing a mortuary will be defrayed as
expenses under this Act are directed to be defrayed, s. 103,
infra ; and the provision of a mortuary is a purpose for which
the sanitary authority may borrow, s. 105, infra.

Reception of dead bodies. — As to circumstances under which
a dead body is to be removed to a mortuary, see s. 73, supra^
and s. 89, infra.

Places for the reception of dead bodies for the purpose of
post-77wrtem examination may be provided under s. 90 in con-
nection with mortuaries. But that section does not authorize
the holding of post-mortem examinations in mortuaries.

Bye-laws. — All bye-laws made by a sanitary authority under
this Act must be in accordance with the provisions of ss. 182
to 186 of the Public Health Act, 1875 ; s. 114, infra ; see
also s. 142 (3).

The model bye-laws, as to mortuaries, issued by the Local
Government Board for the use of sanitary authorities, are set
out infra in the Appendix.

The county council have power to provide in London
one or two mortuaries to which coroners may order the
removal of unidentified dead bodies ; s. 93, infra.

89. — (i.) Where either —

(a.) the body of a person who has died of any in-
fectious disease is retained in a room in which
persons live or sleep ; or

(^.) the body of a person who has died of any
dangerous infectious disease is retained with-
out the sanction of the medical officer of health
or any legally qualified medical practitioner
for more than forty-eight hours, elsewhere
than in a room not used at the time as a
dwelling-place, sleeping-place, or work-room ;
or

(c.) any dead body is retained in any house or
room, so as to endanger the health of the in-
mates thereof, or of any adjoining or neigh-
bouring house or building,
a justice may, on a certificate signed by a medical
officer of health or other legally qualified medical
practitioner, direct that the body be removed, at the
cost of the sanitary authority, to any available mortuary,

Mortuaries, etc.

133

and be buried within the time limited by the justice ;
and may if it is the body of a person who has died of
an infectious disease, or if he considers immediate burial
necessary, direct that the body be buried immediately,
without removal to the mortuary.

(2.) Unless the friends or relations of the deceased
undertake to bury and do bury the body within the
time so limited, it shall be the duty of the relieving
officer to bury such body, and any expense so incurred
shall be paid (in the first instance) by the board of
guardians of the poor law union, but may be recovered
by them in a summary manner from any person legally
liable to pay the expense of such burial.

(3.) If any person obstructs the execution of any
direction given by a justice under this section, he shall
be liable to a fine not exceeding five pounds.

This section reproduces s. 27 of the Sanitary Act, 1866.
Sub-section (i) (b) is taken from s. 10 of the Infectious Dis-
ease (Prevention) Act, 1890 (53 & 54 Vict. c. 34), and sub-
section (3) reproduces s. 16 of the same Act. It corresponds
to s. 142 of the Public Health Act, 1875.

Dangerous infectious disease. — As to the meaning of this
expression and the difference between it and "infectious
disease," see note to s. 58, supra, p. 103.

The retention for more than forty-eight hours of a body of a
person who has died from a dangerous infectious disease is
prohibited by s. 72, supra, p. 118.

Legally qualified medical practitioner. — See note to s. 21,
supra, p. 50.

Cost of the sanitary authority. — This cost is the cost of
removal to the mortuary, and not the cost of the burial. If
the body is removed to the mortuary, the friends will have to
bury the body at their own expense within the time limited for
burial by the justice's order. If the friends do not bury within
that time, the relieving ofificer will have to bury the body at
the expense of the guardians. The guardians under sub-
section (2) will be able to recover this expense from the rela-
tives of the dead person or other person liable in law to pay
the expense of burial.

The expenses of the sanitary authority will be defrayed as
directed in s. 103, ififra.

Body to be buried immediately.—Similar power to that con-
tained in this section is provided in the case of death in a
hospital by s. 73, supra, p. 119.

Obstruction. — As to the power of a justice to grant warrants
in case of refusal of admission, and penalties for obstruction,
see ss. 115 and 116, infra.

Fine. — As to the recovery of fines, etc., see s. 117, infra.

134 Public Health (London) Act, 1891.

Sect. 90. 90. — (l.) Any sanitary authority may, and if re-
Power~of sani- ^^^^^^ by the county Council shall, provide and maintain
tai-y authority ^ proper building (otherwise than at a workhouse) for
to provide the reception of dead bodies during the time required
places for post- conduct any post-mortem examination ordered by a

mortem ex- f • t i • i i

aminations. coroner or other constituted authority, and may make
regulations with respect to the management of such
building.

(2.) Any such building may be provided in connexion
with a mortuary, but this enactment shall not authorize
the conducting of any post-mortem examination in a
mortuary.

This section reproduces with amendment s. 28 of the Sani-
tary Act, 1866, and corresponds to s. 143 of the Public
Health Act, 1875.

The section contains an amendment on s. 28 of the Sanitary
Act, 1866, as that section did not empower the room for post-
mortem examinations being erected in connection with the
mortuary.

Shall provide — ^Under the Sanitary Act, 1866, the pro-
vision of a place for holding post-mortem examination was
entirely at the option of the sanitary authority. If the county
council require the provision of such a place, this section
makes the duty of the sanitary authority to provide it im-
perative. As to neglect of duty by the sanitary authority,
see ss. 100 and 10 1, infra.

The county council cannot require under this Act the
commissioners of sewers to provide and maintain a building
for post-mortem examinations ; s. 133 {c), infra.

Sanitary authorities may combine for the purpose of pro-
viding places for post-mortem examinations; s. 91, infra.

By s. 24 of the Coroners Act, 1887 (50 & 51 Vict. c. 71) ;
*■ Where a place has been provided by a sanitary authority or
nuisance authority for the reception of dead bodies during the
time required to conduct a post-mortem examination, the
coroner may order the removal of a dead body to and from
such place for carrying out such examination, and the cost of
such removal shall be deemed to be part of the expenses
incurred in and about the holding of an inquest."

As to the power of a coroner to order the removal of a dead
body to a mortuary for the reception of unidentified bodies,
see s. 93, infra.

Power to sani- 91.— Any Sanitary authorities may, with the approval
tary authorities of the county council, execute their duty under this
provWhig^mor- ^^^^ respect to mortuaries and buildings for post-
tuary. mortem examinations by combining for the purpose

thereof, or by contracting for the use by one of the

Mortuaries, etc.

135

contracting authorities of any such mortuary or building Sect. 91.
provided by another of such contracting authorities, and
may so combine or contract upon such terms as may
be agreed upon.

This section is an amendment of the law.

Sanitary authorities may combine. — The Local Government
Board may combine sanitary authorities for the purpose of
epidemic regulations under s. 84, supra, p. 129.

They may, under s. 75, supra,^. 121, combine for the purpose
of providing a common hospital. Two or more sanitary
authorities may appoint the same person medical officer of
health under s. 106 (2), infra.

Under this section the combining authorities will require
the approval of the county council.

92. — The county council shall provide and maintain Place for hold-
proper accommodation for the holding of inquests, and ^"S inquests,
may by agreement with a sanitary authority provide

and maintain the same in connexion with a mortuary or
a building for post-mortem examinations provided by
that authority, or with any building belonging to that
authority, and may do so on such terms as may be
agreed on with the authority.

This section is an amendment of the law.

The duty of the county council under this section is im-
perative j see note to s. 105, infra.

As to the provision of mortuaries, see s. 88, supra, p. 131 ;
and of places for post-mortem examinations, s. 90, supra.

As to provision by the county council of mortuaries for
unidentified bodies, see s. 93, infra.

93. — (i.) The county council may provide and fit up Mortuary for
in London one or two suitable buildings to which dead unidentified
bodies found in London and not identified, together

with any clothing, articles, and other things found with
or on such dead bodies, may on the order of a coroner
be removed, and in which they may be retained and
preserved with a view to the ultimate identification of
such dead bodies.

(2.) A Secretary of State may make regulations as
to—

{a.) the manner in which and conditions subject to
which any such bodies shall be removed to
any such building, and the payments to be
made at such building to persons bringing
any unidentified dead body for reception ;
and

136 Public Health (London) Act, 1891.

Sect. S3. (b.) the fees and charges to be paid upon the re-

moval or interment of any such dead body
which has been identified after its reception,
and the persons by whom such fees and pay-
ments are to be made, and the manner and
method of recovering the same ; and
(^r.) the disposal and interment of any such bodies.

(3.) The county council may provide at the said
buildings all such appliances as they think expedient
for the reception and preservation of bodies, and may
make regulations (subject to the provisions aforesaid) as
to the management of the said buildings and the bodies
therein, and as to the conduct of persons employed
therein or resorting thereto for the purpose of identifying
any body.

(4.) Subject to and in accordance with such regula-
tions as may be made by a Secretary of State, any
such body found in London may (on the order in
writing of a coroner holding or having jurisdiction to
hold the inquest on the same) be removed to any build-
ing provided under this section, and subject as aforesaid
the inquest on any such body shall be held by the same
coroner and in the same manner as if the said building
were within the district of such coroner.

This section reproduces s. 22 of the London Council Gene-
ral Powers Act, 1890, 53 & 54 Vict. c. ccxliii.
; As to the provision by the county council of places for
holding inquests, see s. 92, supra.

Order of a coroner. — By s. i8 of the Coroners Act, 1887,
(50 &51 Vict. c. 71), "except upon holding an inquest, no
order, warrant, or other document for the burial of a body,
shall be given by the coroner."

As to the power of a coroner to order removal of a body
for the purpose of post-mortem examination, see note to s. 90,
supra.

Bye-laws as to Houses let in Lodgings.

Power of sani- 94. — (i.) Every sanitary authority shall make and
tary authority enforce such bye-laws as are requisite for the following
Lw"as!o lodg. matters ; (that is to say,)

ing-houses. (^.) for fixing the number of persons who may

occupy a house or part of a house which is let
in lodgings or occupied by members of more
than one family, and for the separation of
the sexes in a house so let or occupied :
(^.) for the registration of houses so let or oc-
cupied :

Bye-Laws as to Houses let in Lodgings. 137

c. 41.

(c.) for the inspection of such houses : Sect. 94.

(d.) for enforcing drainage for such houses, and for

promoting cleanliness and ventilation in such

houses :

(e.) for the cleansing and lime-washing at stated

times of the premises :
(/.) for the taking of precautions in case of any

infectious disease.

(2.) This section shall not apply to common lodging-
houses within the Common Lodging Houses Act, 1851, 14 & 15 Vicu
or any Act amending the same. 16V17 Vict.

This section reproduces s. 35 of the Sanitary Act, 1866, and
s. 47 of the Sanitary Act, 1874 ; see also s. 8 of the Housing
of the Working Classes Act, 1885 (48 & 49 Vict. c. 72) ;
and it corresponds to s. 90 of the Public Health Act, 1875.

Shall make and enforce. — In s. 35 of the Sanitary Act, 1866,
enforcement of the bye-laws was not compulsory.

Before making bye-laws under that Act, the sanitary
authority had to obtain the consent of the Local Government
Board.

By s. 47 of the Sanitary Act, 1874, the Local Government
Board could declare the enactment contained in s. 35 to be
in force in any part of the metropolis, notwithstanding the
restriction in that section ; and the power to make regulations
was extended to the provision of regulations as to separation
of the sexes.

By s. 8 of the Housing of the Working Classes Act, 1885
(48 & 49 Vict. c. 72), every sanitary authority was declared
empowered to make such bye-laws, and by s. 7 of that Act
(like s, I of this Act, supra^ p. i), it was declared the duty
of sanitary authorities to enforce the powers vested in them
relating to public health.

On reading the various sub-sections of this section separately
it would appear, from the omission of the words so let " and
"such houses" in sub-sections {e) and (/), that these two
sub-sections apply generally to all premises, and not merely
to houses let in lodgings, as sub-sections {a\ {b), (c), and (d)
do. But this is, it would seem, clearly not the intention of
the section, as may be gathered from the sub-heading and
catch-words of the section. These evidently imply that the
whole section shall apply to houses let in lodgings, and only
to " such houses " or " houses so let."

The title of an Act is part of the Act, but the marginal
notes are not. Sutton v. Sutton^ (1882) 22 Ch. D. 513 ; In re
Venour, (1876) 2 Ch. D., at p. 525. The title and recitals of an
Act can be looked at, however, only when the enacting part is
ambiguous ; Bentley v. Rotherham Local Boards 4 Ch.D. 588.

The headings of the different portions of a Statute can

138 Public Health (London) Act, 1891.

Sect. 95. be referred to, to determine the meaning of any doubtful i

expression in a section placed under a particular heading. '

Hammersmith Rail. Co. v. Brand, L.R. 4 H.L. 171 ; Eastern
Counties Rail. Co. v. Marriage, 9 H.L. 31 ; Union Steamship

Co. V. Melbourne Harbour Commissioners, (1884) 9 App. Cas. ;

365. See, also, note to s. i, supra, p. i. i

Bye-laws — All bye-laws of the sanitary authority will have 1

to be in accordance with ss. 182 to 186 of the Pubhc Health \

Act, 1875, set out, iiifra, in Schedule I. to this Act ; see s. i

114, infra. ^ ]

The model bye-laws for houses let in lodgings issued by the \

Local Government Board for the use of sanitary authorities ■

are set out in the Appendix, infra. ■

Fixing number of persons — In addition to proceedings for \

any penalties for infringing any bye-law made under this sec- ;

tion, the sanitary authority may proceed, under s. 2, supra, ;

p. 2, as for a nuisance, against the owner of any house over- ;
crowded.

If two convictions for overcrowding occur within three \
months, the house may be ordered to be closed ; s. 7, supra,
p. 26.

Houses let in lodgings — As provided by sub-section (2), this

section will not apply to what are known as common lodging- ;

houses under the provisions of the Common Lodging Houses |

Acts. What is a lodger, or a lodging-house, is a question 1

which, in " each case must be decided on its own facts," per \

Grove, J., in Langdon v. Broadbent, (1877) 37 L.T. (N.S.) 434. \

The question of what is a lodger was discussed under the {
Parliamentary Registration Acts, in the leading case of \
Bradley v. Baylis, (1881) 8 Q.B.D. 195. In that case Jessel, i
M.R., said : " The question whether a man is a lodger or I
whether he is an occupying tenant must depend upon the cir- '
cumstances of each case. . . . First of all, take the case of a ^
lodger. It seems to me, as to unfurnished lodgings (and I
will only deal with unfurnished lodgings, as it is the only class
of cases with reference to which questions are likely to arise),
where the owner of the house does not let the whole of it,
but retains a part for his own residence, and resides there, ]
and where he does not let out the passages, staircase, and \
outer door, but gives to the ' inmates ' merely a right of i
ingress and egress and retains to himself the general control,
with the right of interfering — I do not mean an actual inter-
ference, but a right to interfere, a right to turn out trespassers \
and so on ; there I consider that such owner is the occupying j
tenant of the house, and the inmate, whether he has or has 1
not the exclusive use of the room, is a lodger. That is one \
extreme case. Now I take another case, where the landlord \
lets out the whole of the house into separate apartments, and "i
lets out each floor separately, so as to demise the passages, i
reserving simply to each inmate of the upper floors the right

Bye-Laws as to Houses let in Lodgings. 139

of ingress and egress over the lower passages, but parts entirely Sect. 94.

with the whole legal ownership, for the term demised, and

retains no control over the house ; there in my opinion the

inmates are occupying tenants, and are capable of being rated

as such. That is an extreme case on the other side. There

will be an immense number of intermediate cases, which, as

I said before, can only be dealt with as they arise. Take such

a case as the first of those before us. Does it make any

difference that the inmates have latchkeys to the outer door,

and also keys to the inner door ? I think not. I think they

are still lodgers notwithstanding. Does it make any difference

that the landlord does not reside personally, but has resident

servants who occupy, on his behalf, part of the house. I

think not. I think that the inmates are still lodgers. Does

it make any difference that the landlord does or does not \

repair ? I think not j they are still lodgers."

In the same case, Brett, L.J., said : " If the owner of the
house reserves to himself a control over it (which he does if
he resides in part of it, and where there is only the use of the
passages and staircases given to the inmates to whom he lets
the rest of it, or, if he does not reside in it, yet, if he, by his
servants, performs any duties in the house, or undertakes a
certain control), any person who occupies only a part of that
house as his tenant, may be properly said to be a lodger with
him." As to what has been held to be within the section, see
Roots V. Beaumont, (1887) 51 J. P. 197.

Inspection. — It is the duty of the sanitary authority to in-
spect under s. i, supra, p. i.

Under s. 32 of the Housing of the Working-Classes Act,
1^9^ (53 & 54 ^ict. c. 70), it is the duty of every local
authority under that Act to inspect with a view to ascertain-
ing whether any dwelling-house is in a state so dangerous or
injurious to health as to be unfit for human habitation.

As to power of entry, see. s. 10, supra, p. 28.

Enforcing drainage — In addition to " drainage," in sub-
section {d), the Public Health Act, 1875, 90, contains
"privy accommodation," as did also s. 35 of the Sanitary Act,
1866. This is omitted here, as water-closet accommodation
is provided for by ss. 37 to 42 and 46.

The power to make bye-laws under this section with regard
to paving of courts and courtyards is also omitted, as it is
sufficiently provided for in s. 16(1) {d), supra, p. 36.

Infectious disease — Ins. 90 of the Public Health Act, 1875,
the notification of infectious disease is provided for. It is
omitted here as already dealt with in s. 55, supra, p. 97.

Common lodging house. — The Common Lodging House
Acts, 1851 and 1853 (14 & 15 Viet. c. 28, and 16 & 17 Vict,
c. 41), are repealed as to England, except as to the Metropoli-
tan Police district, by s. 343 of the Pubhc Health Act, 1875.

140 Public Health (London) Act, 1891.

Sect. 94. The General Board of Health in 1853 issued to local

boards a circular giving the opinion of the then Law Officers

of the Crown, Sir A. E. Cockburn (afterwards Lord Chief
Justice) and Sir W. Page Wood (afterwards Lord Chancellor
Hatherley), as to the definition of " common lodging-house "
within the meaning of those Acts. The opinions were two
in number, as follows : —

First. — It may be difficult to give a precise definition of
the term, * common lodging-house,' but, looking to the preamble
and general provisions of the Act, it appears to us to have
reference to that class of lodging-houses in which persons of
the poorer class are received for short periods and, though
strangers to one another, are allowed to inhabit one common
room. We are of opinion that it does not include hotels,
inns, public-houses, or lodgings let to the upper and middle
classes."

Second. — " The points upon which our opinion is desired
appear to us to be the following : —

" I. What is the meaning of that part of the definition of a
common lodging-house in our former opinion which refers to
the parties inhabiting a common room being strangers to one
another ? The observation made would imply that we meant
that the parties must be persons previously unacquainted with
one another. Our obvious intention was to distinguish lodgers
promiscuously brought together from members of one family
or household.

2. " Whether lodging-houses, otherwise coming within the
definition, but let for a week or longer period, would, from the
latter circumstance, be excluded from the operation of the
Act. We are of opinion that the period of letting is unim-
portant in determining whether a lodging-house comes under
the Act now in question.

"3. Who is to be considered the keeper of a common
lodging-house where the owner letting the lodgings does not
himself reside in the house ? We are of opinion that where
he neither resides in the house nor exercises any control over
its management, but simply receives the rent, he cannot be
considered the keeper. It is clear that in such case he would
not comply with the requirements of ss. 11, 12, and 13 of
the Act. But where the owner, though not resident in the
house, either in person or through an agent, colourably or
otherwise, exercises control over its management, we have no
doubt that he should be considered the keeper. A serious
difficulty arises where the owner, bona fide, lets different parts
of the house to different individuals, and these lessees take in
lodgers of such a description as would in an ordinary case
constitute the house a common lodging-house. The question
which here arises is whether each apartment so used is to be
considered a common lodging-house of which the lessee is the
keeper. It seems to us difficult to suppose that the Act which

Bye-Laws as to Houses let in Lodgings. 141

refers to common lodging-houses was intended to apply to Sect. 94.

single apartments, so that every room in a house becomes a

separate common lodging-house. On the other hand it is to
be observed that it is by s. 2 provided that part of a house,
if used as a common lodging-house, shall be included in the
Act, and it is also true that both under the law relating to
burglary, and also with reference to the exercise of franchises,
the separate apartments of lodgers, where the landlord did not
reside, have been held to be dwelling-houses. Considering,
therefore, that apartments thus let and occupied are especially
within the mischief intended to be remedied by the Act, we
think that an attempt should be made to treat them as com-
mon lodging-houses, and to enforce the provisions of the Act
with respect to them against the tenants who thus admit
lodgers. At the same time, we feel bound to say we entertain
considerable doubts as to the results."

Tents and Vans.

95. — (i.) A tent, van, shed, or similar structure used Tents and vans
for human habitation, v^hich is in such a state as to be a "sed for human

. . . ' J ^ 1 1^1 . habitation.

nuisance or mjurious or dangerous to health, or is so
overcrowded as to be injurious or dangerous to the
health of the inmates, whether or not members of the
same family, shall be a nuisance liable to be dealt with
summarily under this Act.

(2.) A sanitary authority may make bye-laws for pro-
moting cleanliness in, and the habitable condition of
tents, vans, sheds, and similar structures used for human
habitation, and for preventing the spread of infectious
disease by the persons inhabiting the same, and generally
for the prevention of nuisances in connexion with the
same.

(3.) Where any person duly authorized by a sanitary
authority or by a justice has reasonable cause to suppose
either —

(^.) that any tent, van, shed, or similar structure
used for human habitation is in such a state or
so overcrowded as aforesaid, or that there is
any contravention therein of any bye-law made
under this section ; or

{b^i that there is in any such tent, van, shed, or
structure any person suffering from a dan-
gerous infectious disease,

he may enter by day such tent, van, shed, or structure,
and examine the same and every part thereof in order
to ascertain whether such tent, van, shed, or structure is

142 Public Health (London) Act, 1891.

Sect. 95. in such a state or so overcrowded as aforesaid, or
whether there is therein any such contravention, or a
person suffering from a dangerous infectious disease,
and the provisions of this Act with respect to the entry
into any premises by an officer of the sanitary authority
shall apply to the entry by any person duly authorized
as aforesaid.

(4.) Nothing in this section shall apply to any tent,
van, shed, or structure erected or used by any portion of
Her Majesty's naval or military forces.

This section reproduces s. 9 of the Housing of the Working
Classes Act, 1885 (48 & 49 Vict. c. 72), which section is re-
pealed as to London by this Act, s. 142, infra.

Tent, van, &c. — The provisions of this Act as to notification
of infectious disease apply to tents, etc., see s. 55 (7), supra^
p. 99. A tent or van is prima facie not a proper lodging for
a person suffering from any dangerous infectious disease ; as
to the removal from such, see s. 66 (i), supra^ p. iii.

Nuisance, or injurious or dangerous to health. — The intro-
duction of " dangerous " in this section is an amendment.

See^ as to this, note to s. 2, supra., p. 4, and as to " nui-
sances " see supra^ P- 1 3-

Overcrowding. — For provisions as to overcrowding, which is
a nuisance in a house under s. 2 (i) (^), supra^ and in a work-
shop under s. 2 (i) (^), see note on s. 2, supra., p. 6.

Bye-laws. — Bye-laws made by a sanitary authority must be
in accordance with ss. 182 to 186 of the Public Health Act,
1875, set out in Schedule I., infra ; see s. 114, infra.

As to bye-laws as to houses let in lodgings, see s. 94, supra^
p. 136 ; and as to bye-laws for preventing nuisances, see s. 16,
supra., p. 36. As to operation of bye-laws, see s. 142 (3).

Entry. — As to power of entry generally, see note to s. 10,
supra, p. 28 ; as to the power of a justice to grant a warrant
authorizing entry, see s. 115, infra. The person claiming the
right to enter must, if required, produce a written document
authorizing his entry: any person obstructing is liable to a
fine of five pounds, s. 115, infra.

Dangerous infectious disease. — As to the meaning of this
expression, see note to s. 58, supra^ p. 103.

Underground Rooms ^

Provisions as 96". — (i.) Any underground room, which was not let
lion^of^under" occupied separately as a dwelling before the passing
ground rooms of this Act, shall not be so let or occupied unless it
as dwellings, possesses the following requisites ; that is to say,

Underground Rooms.

143

(a) unless the room is in every part thereof at least Sect,
seven feet high measured from the floor to the
ceiling, and has at least three feet of its height
above the surface of the street or ground adjoin-
ing or nearest to the room : Provided that, if the
width of the area herein-after mentioned is not
less than the height of the room from the floor
to the said surface of the street or ground,
the height of the room above such surface may-
be less than three feet, but it shall not in any
case be less than one foot, and the width of
the area need not in any case be more than
six feet ;

{b.) unless every wall of the room is constructed
with a proper damp course, and, if in contact
with the soil, is effectually secured against
dampness from that soil ;

(c.) unless there is outside of and adjoining the
room and extending along the entire frontage
thereof and upwards from six inches below the
level of the floor thereof an open area properly
paved at least four feet wide in every part
thereof : Provided that in the area there may
be placed steps necessary for access to the
room, and over and across such area there may
be steps necessary for access to any building
above the underground room, if the steps in
each case be so placed as not to be over or
across any external window ;

(d) unless the said area and the soil immediately
below the room are effectually drained ;

{e.) unless, if the room has a hollow floor, the space
beneath it is sufficiently ventilated to the outer
air ;

(/.) unless any drain passing under the room is
properly constructed of a gas-tight pipe ;

{g) unless the room is effectually secured against
the rising of any effluvia or exhalation ;

(h.) unless there is appurtenant to the room the
use of a water-closet and a proper and suffi-
cient ash-pit ;

(i.) unless the room is effectually ventilated ;

(y.) unless the room has a fire-place with a proper
chimney or flue ;

(k.) unless the room has one or more windows
opening directly into the external air with a
total area clear of the sash frames equal to at

144 Public Health (London) Act, 1891. j

Sect. 96. least one tenth of the floor area of the room, i

and so constructed that one half at least of |

each window of the room can be opened, and i

the opening in each case extends to the top of j

the window. 1

(2.) If any person lets or occupies, or continues to let> j

or knowingly suffers to be occupied, any underground i
room contrary to this enactment, he shall be liable to a

fine not exceeding twenty shillings for every day |

during which the room continues to be so let or j
^ occupied.

(3.) The foregoing provisions shall at the expiration

of six months after the commencement of this Act ex- j
tend to underground rooms let or occupied separately as
dwellings before the passing of this Act, except that
the sanitary authority, either by general regulations
providing for classes of underground rooms, or on the

application of the owner of such room in any particular j

case, may dispense with or modify any of the said ]

requisites which involve the structural alteration of the |

building, if they are of opinion that they can properly j

do so having due regard to the fitness of the room for ^
• human habitation, to the house accommodation in the

district, and to the sanitary condition of the inhabitants '

and to other circumstances, but any requisite which was 1
required before the passing of this Act shall not be so
dispensed with or modified.

(4.) The dispensations and modifications may be j

allowed either absolutely or for a limited time, and may \

be revoked and varied by the sanitary authority, and {
shall be recorded together with the reasons in the

minutes of the sanitary authority. .

(5.) If the owner of any room feels aggrieved by a i

dispensation or modification not being allowed as \

regards that room, he may appeal to the Local Govern- •

ment Board, and that Board may refuse the dispensa- ]
tion or modification, or allow it wholly or partly, as if

they were the sanitary authority. Such allowance may •

be revoked or varied by the Board, but not by the ;

sanitary authority. j

(6.) Where two or more underground rooms are ]

occupied together, and are not occupied in conjunction I

with any other room or rooms on any other floor of the \
same house, each of them shall be deemed to be

separately occupied as a dwelling within the meaning ■

of this section. ;

Underground Rooms.

145

(7.) Every underground room in which a person Sect. 96.

passes the night shall be deemed to be occupied as a

dwelling within the meaning of this section ; and
evidence giving rise to a probable presumption that
some person passes the night in an underground room
shall be evidence, until the contrary is proved, that such
has been the case.

(8.) Where it is shown that any person uses an under-
ground room as a sleeping-place, it shall, in any pro-
ceeding under this section, lie on the defendant to show
that the room is not separately occupied as a dwelling.

(9.) For the purpose of this section the expression
** underground room " includes any room of a house the
surface of the floor of which room is more than three
feet below the surface of the footway of the adjoining
street, or of the ground adjoining or nearest to the
room.

This section reproduces with considerable amendments
s. 103 of the Metropolis Management Act, 1855, and s. 62 of
the Metropolis Management Act, 1862, and corresponds to
ss. 71 to 74 of the Public Health Act, 1875.

Underground room — This is defined in sub-section (9). The
height of the ceiling above the surface of the adjoining street
was formerly required to be only one foot.

Under s. 96, after six months from January ist, 1892, all
underground rooms, whether occupied before or after the
passing of this Act, will have to comply with one set of regu-
lations, and not, as was formerly the case, with one of two
different sets (as in s. 103 of the Metropolis Management Act,
1855), according as the underground room was occupied before
or after the passing of the 1855 Act.

Sub-section (i) (b) is an amendment.

Open area — The width of this in sub-section (i) (c) is in-
creased from three feet to four feet. Sub-section {d) is new.

Yentilation — Sub-section (i) (/) is an amendment; the only
ventilation formerly required was the provision of a fireplace,
as required in sub-section (i) (j), and a window nine super-
ficial feet in area. Sub-section (i) {k) is an amendment.

Appeal to the Local Government Board. — For provisions as
to appeal to the county council, see s. 126, infra. They
will afford guidance as to appeals to the Local Government
Board.

Let or occupied separately — Under this section, if an under-
ground room is slept in, the room is prhnd facie occupied
separately ; this is capable of being rebutted. If there is any
evidence giving rise to a probable presumption of a person

146 Public Health (London) Act, 1891.

Sect. 96. having passed the night in the room, the room will be deemed
to be occupied as a dwelling.

Fine. — As to the recovery of fines and penalties, see s. 117,
infra. In the case of two convictions in respect of an under-
ground room within three months, a closing order may be
made; s. 98, infra.

Enforcement
of provisions
as to under-
ground rooms,

97. — (1.) Any officer of a sanitary authority
appointed or determined by that authority for the pur-
pose shall, without any fee or reward, report to the
sanitary authority, at such times and in such manner as
the sanitary authority may order, all cases in which
underground rooms are occupied contrary to this Act
in the district of such authority.

(2.) Any such officer or any other person having
reasonable grounds for believing that any underground
room is occupied in contravention of this Act may enter
and inspect the same at any hour by day ; and if
admission is refused to any person other than an officer
of the sanitary authority, the like warrant may be
granted by a justice under this Act as in case of refusal
to admit any such officer.

(3.) A warrant of a justice authorizing an entry into
an underground room may authorize the entry between
any hours specified in the warrant.

This section reproduces with amendment parts of ss. 103
and 104 of the Metropolis Management Act, 1855, as amended
by s. 62 of the Metropolis Management Act, 1862.

Any officer — Under s. 103 of the Metropolis Management
Act the district surveyor was required to report any case of an
underground room illegally occupied to the county council
and to the sanitary authority in whose district it was situated.
By s. 62 of the Metropolis Management Act, 1862, he had to
report in the months of June and December in each year, and
at such other times as required by the sanitary authority.

Reasonable grounds. — As to what are reasonable grounds for
believing a room is occupied in contravention of the Act, see
s. 96 (7), supra.

Other person. — For provisions of this Act, enabling persons
other than sanitary officers to proceed, see as to giving informa-
tion of nuisance, s. 3, supra^ p. 14 ; and as to complaint
before a justice, s. 12, supra, p. 32.

Entry. — For power to enter for abatement of nuisances, see
s. 10 and note, supra., p. 28. As to obstruction of officers,
see ss. 115 and 116, infra.

The officer of a sanitary authority must, if required, produce

Underground Rooms.

147

to a person from whom he demands admission a written docu- Sect. 97.

ment properly authenticated showing his right to enter ; s. 1 1 5

(2) (a), infra.

By day.-^Day means the period from 6 a.m. to 9 p.m.,
s. 141. But by the warrant of a justice under sub-section (3)
entry may be authorized at any time specified in the warrant.

98. — Where two convictions for an offence relating Provision in
to the occupation of an underground room as a dwelling ponvictionTfor
have taken place within a period of three months unlawfully
(whether the persons convicted were or were not the occupying
same), a petty sessional court may direct the closing of ^"^^^S^"^^'^^
the underground room for such period as the court may
deem necessary, or may empower the sanitary authority
of the district permanently to close the same, in such
manner as they think fit, at their own cost.

This section reproduces s. 36 of the Sanitary Act, 1866, and
corresponds to s. 75 of the Public Health Act, 1875.

Two convictions. — Similar power to close a house, in case of
two convictions for overcrowding, is contained in s. 7, supra,
p. 26. As to closing orders in the case of houses unfit for
human habitation, see s. 5, supra, p. 21.

Petty sessional court — This is defined by the Interpretation
Act, 1889 (52 & 53 Vict. c. 63), s. 13.

Authorities for Execution of Act.

99. — (i.) Subject to the provisions of this Act, the Definition of
sanitary authority for the execution of this Act (in this ^anitary autho-
Act referred to as " the sanitary authority") shall be as i8^& 19 vict.
follows ; (namely,) c. 120.

{a^ in the City of London the commissioners of 0.^33."^^ ^^^^
sewers ; and 50 & 5' Vict.

(^.) in each of the parishes mentioned in Schedule ^'
(A.) to the Metropolis Management Act, 1855,
as amended by the Metropolis Management
Amendment Act, 1885, and the Metropolis
Management (Battersea and Westminster)
Act, 1887, other than Woolwich, the vestry of
the parish ; and

(r.) in each of the districts mentioned in Schedule
(B.) to the same Act, as so amended, the
district board for the district ; and

{d^ in the parish of Woolwich, the local board of
health ; and

L 2

148 Public Health (London) Act, 1891.

Sect. 99. (e.) in any place mentioned in Schedule (C.) to the

Metropolis Management Act, 1855, the board
of guardians for such place or for any parish
or poor law union of which it forms part, or,
if there is no such board of guardians, the
overseers of the poor for such place, or for the
parish in which it is situate, and the said
guardians and overseers respectively shall
have the same powers for the purposes of this
Act as a vestry or district board have under
this Act, and their expenses shall be defrayed
in the same manner as the expenses of the
execution of the Acts relating to the relief of
the poor are defrayed in the said place.

(2.) The area within which this Act is executed by
any sanitary authority is in this Act referred to as the
district of that authority.

(3.) The purposes for which a committee of a vestry
or district board may be appointed under the Metro-
polis Management Act, 1855, the Acts amending
the same, shall include the purposes of this Act, and the
provisions of those Acts with respect to committees
shall apply accordingly.

(4.) Where a sanitary authority appoint a committee
for the purposes of this Act, that committee, subject to
the terms of their appointment, may serve and receive
notices, take proceedings, and empower any officer of
the authority to make complaints and take proceedings
in their behalf, and otherwise to execute this Act.

(5.) A sanitary authority may acquire and hold land
for the purposes of their duties without any licence in
mortmain.

^ This section reproduces s. 134 of the Metropolis Manage-

ment Act, 1855, as amended by the Metropolis Management
Acts, 1885 and 1887; ss. 2, 5, 6, 11 of the Nuisances
Removal Act, i860 ; ss. 15 and 17 of the Sanitary Act, 1866 ;
and ss. 12 and 16 of the Infectious Disease (Notification)
Act, 1889.

Subject to the provisions of this Act. — The Metropolitan
Asylum Managers within their district have for the purpose of
the epidemic regulations the powers and duties of a sanitary
authority \yhich the regulations assign them; s. 85, supra, p. 129.
In case any sanitary authority make default in doing their
duty, the county council may do any act which the sanitary
authority might have done ; s. 100, m/ra. In case of default of
a sanitary authority in doing its duty, the Local Government
Board may appoint the county council to perform its duty, and

i
1

Authorities for Execution of Act. 149

under such appointment the county council will have all the Sect. 99.
powers of a sanitary authority ; s. 10 1, infra. —

Under s. 19 supra^ P- 4ij the county council are the
authority for the execution of the provisions of the Act
respecting offensive trades, except in the City of London, where
the commissioners of sewers are the local authority ; s. 19 (10),
supra^ p. 43. The mayor, commonalty and citizens of the
City of London are the sanitary authority for the port of
London, s. in, infra^ and as such port sanitary authority, the
Local Government Board may assign to them any powers,
duties, etc., of a sanitary authority under this Act; s. 112,
infra.

Execution of this Act. — The Act extends only to London,
s. 132, and London means the administrative county of
London, s. 141, infra.

Parishes and districts. — The schedules A, B and C of
the Metropolis Management Act, 1855, are set out in the
Appendix, infra.

Woolwich — Under the Public Health Act, 1848 (11 & 12
Vict. c. 63), Woolwich was a district governed by a local board
of health. As to the extent to which the Metropolis Manage-
ment Act, 1855, affected Woolwich, see s. 238 of that Act set
out in the Appendix, infra; see also note to s. 140 of this
Act, infra.

Committees. — The purposes for which a committee of a
vestry or district board can be appointed under the Metropolis
Management Act, 1855, are defined by s. 58 of that Act, set
out in the Appendix, infra, and their powers prescribed by
s. 59.

As to the powers of a committee of the county council under
this Act, see note to s. 20(5), supra, p. 47.

Notices. — As to the serving and authentication of notices
under this Act, see ss. 127 and 128, infra.

Take proceedings. — Legal proceedings are regulated by s. 1 1 7,
infra.

The sanitary authority may enter and examine premises,
etc., by any officers or persons appointed by them ; s. 115 (i).

The sanitary authority may appear before any court, or in
any legal proceeding, by their clerk or by any officer or mem-
ber authorized by resolution of the authority; s. 123, infra.

100. — The county council, on it being proved to their Power of
satisfaction that any sanitary authority have "^^de
default in doing their duty under this Act with respect defauirof saS
to the removal of any nuisance, the institution of any tary authority,
proceedings, or the enforcement of any bye-law, may
institute any proceeding and do any act which the
authority might have instituted or done for that pur-

i5o Public Health (Londom) Act, 1891.

pose, and shall be entitled to recover from the sanitary
authority in default all such expenses in and about the
said proceeding or act as the county council incur, and
are not recovered from any other person, and have not
been incurred in any unsuccessful proceeding.

This section is in substitution for s. 16 of the Sanitary Act,;
1866, as amended by s. 19 of the Sanitary Act, 1874. Under
those sections, if the Secretary of State (afterwards the Local
Government Board) saw fit, on default of the sanitary authority
in any district, he could appoint the chief constable to do any
act instead of such sanitary authority, and recover his
expenses from the defaulting sanitary authority. Similar
powers to the above are contained in s. 106 of the Public
Health Act, 1875. As to proceeding by mandamus on the
order of the Local Government Board, see s. loi, infra.
, The county council — How the default of the sanitary
authority is to be proved to the satisfaction of the county
council, whether by public inquiry such as those held by
order of the Home Secretary under s. 73 of the Housing of
the Working Classes Act, 1890, or those under s. 10 or s. 55
or s. 85 of that Act, or merely on a written complaint, is not
stated in the Act.

The power of the county council to proceed in case of de-
fault does not extend to the case of default of the commissioners
of sewers ; s. 133 {d), infra^ but see s. 134, infra^ p. 194.

In the case of nuisances, private persons, on the default
of the sanitary authority, can proceed under s. 1 2 ; and as to
offensive trades, under s. 21.

Duty. — As to duty of sanitary authority to inspect their
district, see s. i, supra^ P- i ; as to provisions respecting
nuisances, see ss. 2 to 15, supra.

Expenses. — These may be recovered from the sanitary
authority in a summary manner, or if less than fifty pounds
in the county court j s. 117, infra. It would seem that pro-
ceedings for recovery of expenses incurred under s. too would
not require the prior sanction of the Local Government Board
under s. 1 1 7 (4), infra.

Proceedings on 101.^ — (i.) Where complaint is made by the county
Lo'^al Govern- council to the Local Government Board that a sanitary
ment Board of authority have made default in executing or enforcing
default of sani- any provisions which it is their duty to execute or
tary authority, enforce of this Act, or of any bye-law made in pursu-
ance thereof, the Local Government Board, if satisfied
after due inquiry that the authority have been guilty of
the alleged default, and that the complaint cannot be
remedied under the other provisions of this Act, shall

Sect. 100.

Authorities for Execution of Act. 151

make an order limiting a time for the performance of
the duty of such authority in the matter of such com-
plaint. If such duty is not performed by the time
limited in the order, the order may be enforced by writ
of Mandamus, or the Local Government Board may
appoint the county council to perform such duty

(2.) Where such appointment is made, the county
council shall, for the purpose of the execution of their
duties under the said appointment, have all the powers
of the defaulting sanitary authority, and all expenses
incurred by the county council in the execution of the
said duties, together with the costs of the previous pro-
ceedings, so far as not recovered from any other person^
shall be a debt from the sanitary authority in default to
the county council, and shall be paid by the sanitary
authority out of any moneys or rate applicable to the
payment of the expenses of performing the duty in
which they have made default.

(3.) For the purpose of recovering such debt the
county council, without prejudice to any other power of
recovery, shall have the same power of levying the
amount by a rate, and of requiring officers of the de-
faulting authority to pay over money in their hands, as
the defaulting authority would have in the case of
expenses legally payable out of a rate raised by that
authority.

(4.) The county council shall pay any surplus of the
rate so levied to or to the order of the defaulting
authority.

(5.) If any loan is required to be raised for the pur-
pose of the execution of their duties under the said
appointment, the county council with the consent of the
Local Government Board may raise the same, and may
for that purpose borrow the required sum in the name
of the defaulting authority for the same period, on the
same security, and on the same terms as that authority
might have borrowed, and the principal and interest of
such loan shall be a debt due from the defaulting
authority, and shall be secured and may be recovered
in like manner as if the loan had been borrowed by that
authority.

(6.) The surplus (if any) of any loan not applied for
the purpose for which it is raised shall, after payment
of the expenses of raising the same, be paid to or to
the order of the defaulting authority, and be applied as
if it were the surplus of a loan raised by that authority.

152 Public Health (London) Act, 1891.

Sect. 101. This section is in substitution for s. 49 of the Sanitary Act,

1866, and s. 8 of the Sanitary Act, 1868, as amended by the

Sanitary Loans Act, 1869, and s. 20 of the Sanitary Act,

1874. Under those Acts, if a sanitary authority made default
in doing their duty, the Local Government Board could make
an order requiring them to perform their duty within the time
limited in the order. This order could be enforced by
mandamus.

The Local Government Board could appoint some person
to perform the duties of the sanitary authority, and could
charge the expenses of the order and its execution upon the
sanitary authority, and could authorize the levying of a rate or
the raising of a loan charged upon a rate.

For the corresponding provision in the Public Health Act,

1875, see ss. 299 to 302 of that Act.

Sanitary authority made default. — For provision enabling
the county council to act without application to the Local
Government Board, see s. 100, suj)ra.

For example of order under s. 49 of the Sanitary Act,
i2>66,see jR. v. Cockerell, (1871) L.R. 6 Q.B. 252, 40 L.J.M.C.
153.

As to the sanitary authorities under this Act, see s. 99,
supra.

County council. — Under this section the complaint can be
made only by the county council. Under the repealed Acts
any person could make the complaint. The order empower-
ing the county council to act under this section can only be
made as a last resource : the Local Government Board will
have to be satisfied that the complaint cannot be remedied
under the other provisions of this Act.

After due inquiry — All inquiries made by the Local
Government Board under this Act will be governed by
ss. 293 to 296 of the Public Health Act, 1875, set out in
Schedule I. of this Act ; see s. 129, infra.

Other provisions. — Other provisions enabling sanitary
matters to be remedied are contained in s. 100, siipra^ p. 149,
where the county council can act; s. 12, supra^ p. 32,
where private individuals may proceed before justices.

Limiting the time. — The order in R. v. Cockerellj supra^
limited the time within which the duty was to be commenced,
and not the time within which it was to be completed. It
may be doubted, although the commencing the works was a
performance of part of its duty, whether it was the perform-
ance contemplated in s. 49 of the Sanitary Act, 1866, or
intended in this section.

The duty of the Local Government Board to make the
order is imperative if that Board is satisfied.

Mandamus. — As a general rule a mandamus will not be
granted where any other remedy is open to the applicant. R.

Authorities for Execution of Act. 153

V. Bishop of Chester, i T.R. 396 ; R. v. Wigan, L.R. 9 Q.B. Sect. 101.

317 ; Holborn Union v. St. Leonard's, Shoreditch, 2 Q.B.D., at —
p. 149. But under this section, as express power is given to
enforce the order, in addition to another remedy, either
remedy can be pursued.

Appoint county council — If the defaulting authority is the
the commissioners of sewers, the county council cannot act
in its place under the power given in s. 100. It is not clear
whether, in such case, the Local Government Board could
appoint the county council to act in the City of London
under this section ; see s. 133, infra.

Expenses. — As to the recovery of expenses, see s. 117, infra.

As to the method of defraying the expenses under this Act,
see s. 103, infra.

Power of levying rate. — As to the levying a rate by the
sanitary authority, see ss. 158 and 161 of the Metropolis
Management Act, 1855, set out in the Appendix, infra.

102; — (i.) The provisions of the Public Health Acts, Application
which are set out in the Second Schedule to this Act, Health^Acts 1
except so far as they are superseded by this Act, shall Woolwich.
extend to the parish of Woolwich, and to the local
board of health thereof, in like manner as they apply
to any urban sanitary district elsewhere, and the sani-
tary authority thereof, without prejudice to the existing
effect of the Metropolis Management Act, 1855, and
the Acts amending the same, or to the powers, duties,
and liabilities of the county council and the local board
of health of Woolwich under the latter Acts.

(2.) The Woolwich Local Board may borrow for the
purposes of this Act in like manner as if those purposes
were purposes of the Public Health Acts.

The Public Health Acts — Except as otherwise specially
provided {e.g., see s. 142 (5), infra), the Public Health Act,
1875, does not apply to the metropolis. Section 5 of that
Act provides that : " For the purposes of this Act, England,
except the metropolis, shall consist of districts to be called
respectively (i) urban sanitary districts and (2) rural sanitary
districts (in this Act referred to as urban and rural districts),
and such urban and rural districts shall respectively be subject
to the jurisdiction of local authorities called urban sanitary
authorities and rural sanitary authorities (in this Act referred
to as urban and rural authorities), invested with the powers in
this Act mentioned."

By s. 4 of the same Act, " The metropolis means the City
of London and all parishes and places mentioned in
Schedules A B, and C to the Metropolis Management Act,
1855-"

154 Public Health (London) Act, 1891.

Sect. 102. Woolwich is a place mentioned in Schedule A to the
Metropolis Management Act, 1855 ; but special provision
was made as to Woolwich by s. 238 of that Act, which is set
out in the Appendix, infra ; see note to s. 99, sitpra^ p. 149.

Expenses of 103. — The expenses incurred by sanitary authorities-
execution of in London under this Act shall, save as otherwise in^
this Act mentioned, be defrayed as follows ; (namely,)

In the case of the commissioners of sewers, out of
their sewer rate and consolidated rate, or
either of such rates :

In the case of any vestry or district board, out of
their general rate :

In the case of the local board of health of Wool-
wich, out of the district fund or general district
rate.

Expenses— By s. 134 of the Metropolis Management Act,
1855, the Vestries and District Boards under that Act were
appointed the local authorities to execute the Nuisances
Removal and Diseases Prevention Acts, and by ss. 158
and 161 provision was made for the defraying the expenses of
discharging the duties imposed by the Metropolis Manage-
ment Act, 1855. These sections are set out in the Appendix,
infra.

Their effect was not altered by the Nuisances Removal Act,
, i860 (23 & 24 Vict. c. 77), ss. 4, 6, and 11.

By s. 9 of the. Infectious Disease (Notification) Act, 1889^
the expenses of that Act are directed to be defrayed as
expenses relating to public health ; but that Act as regards
London is repealed by this Act, s. 142, infra.

As to the expense of salaries of medical officers of health
and sanitary inspectors, see s. 108 (i), infra.

As to the apportionment of the salary of a medical officer
of health appointed in common by two sanitary authorities,
see s. 106 (2), infra.

By s. 119, infra^ all fines recovered under this Act are to
be paid to the sanitary authority in aid of their expenses.

If the county council act in place of a defaulting sanitary
authority, their expenses are provided for under ss. 100 and
1 01, supra.

As to expenses of the MetropoHtan Asylum Managers, see
s. 104, infra.

Any property seized under the Act may be ordered by the
court to be sold, and the proceeds devoted towards defraying
the expenses of executing the Act ; s. 119, infra.

Refuse collected by the sanitary authority is the property of
the sanitary authority, and may be sold, and the money

Authorities for Execution of Act. 155

arising from the sale devoted towards defraying the expenses Sect. 103.

of the execution of the Act ; s. 32, stcpra^ p. 64.

Borrowing — Power to borrow is provided for in s. 105,
infra.

104. — (i.) All expenses incurred by the Metropolitan Expenses of
Asylum Managers in the execution of the provisions of Metropolitan
this Act relating to the provision and maintenance of Asylum Board
carriages, buildings, and horses, and the conveyance in
such carriages of persons suffering from any dangerous
infectious disease, shall to such extent as the Local
Government Board may sanction be defrayed out of the
metropolitan common poor fund.

(2.) Save as aforesaid, all expenses incurred by the
said Managers in the execution of this Act shall so far
as they are not recovered from guardians in pursuance
of this Act be defrayed in the same manner as the
expenses mentioned in section thirty-one of the Metro- 30 & 31 Vict,
politan Poor Act, 1867, are to be defrayed under that ^- ^•
section ; and shall be raised and be recoverable in the
same manner as expenses under that Act.

(3.) The provision of vessels and buildings in pursu-
ance of this Act shall be purposes for which the Metro-
politan Asylum Managers may borrow in pursuance of
the Metropolitan Poor Act, 1867, and any Acts amend-
ing the same.

This section reproduces in sub-section (i) part of s. 16 of
the Poor Law Act, 1879 (42 & 43 Vict. c. 54) ; sub-section (2)
reproduces part of s. 4 of the Diseases Prevention
(Metropolis) Act, 1883 (46 & 47 Vict. c. 35) ; sub-section (3)
reproduces s. 2 of the Metropolitan Asylum Board (Borrowing
Powers) Act, 1884 (47 & 48 Vict. c. 60), and s. 7 of the Poor
Law Act, 1889 (52 & 53 Vict. c. 56).

• As to the expenses of sanitary authorities, see s. 103,
supra, p. 154.

Metropolitan Asylum Managers.— As to the constitution of
the Managers, see notes to ss. 55 and 79, supra, pp. 100, 124.

Maintenance of carriages, etc — The Asylum Managers may
provide carriages, etc., under s. 79, supra, p. 124. As to power
to charge for use of carriages, see s. 79 (3).

Metropolitan common poor fund. — See, as to this, note to
s. 87, supra, ^. 131.

Expenses recovered from guardians.^ — The expenses which,
in pursuance of this Act, may be recovered from the guardians
by the Asylum Managers, are those of the maintenance in their
hospital of a person, not a pauper, suffering from fever, small-
pox, or diphtheria ; s. 80 (2), supra, p. 125.

156 Public Health (London) Act, 1891.

Sect. 105. By s. 31 of the Metropolitan Poor Act, 1867 (30 Vict. c. 6),
— r " Expenses incurred by the Managers in or about the pur-
chasing, hiring, building, repairing, and fitting up of build-
ings for the asylum, and any sum in the nature of rent or other
compensation payable by the Managers to guardians in respect
of the use for the asylum of a building previously used as a
workhouse, and expenses incurred by the Managers in or about
the providing of fixtures, furniture,* conveniences, medicines,
medical and surgical appliances and other necessaries required
for keeping the asylum in proper order for daily use, and the
salaries and maintenance of the officers thereof shall be de-
frayed by contributions from the unions and parishes forming
the district."

But by section 32 of that Act, " Expenses incurred by the
Managers in or about the food, clothing, maintenance, care,
treatment and relief, or for the burials of inmates of the asylum
shall be separately charged to the respective unions or parishes
from which the inmates of the asylum are sent."

And by s. 55, sums to be contributed under that Act by
unions and parishes shall be assessed on and contributed by
them respectively in proportion to the annual rateable value of
the property therein comprised, to be determined according to
the valuation lists.

ProYision of vessels — The provision of vessels, etc., under
this Act is required by s. 79, supra^ p. 124.

Power to borrow — By s. 1 7 of the Metropolitan Poor Act,
1867, "The managers may borrow money for purchasing
lands or buildings, and for building, fitting up, and furnish-
ing buildings, erected or hired for the asylum according to
the provisions of the poor-law Acts, under which guardians
are for the time being empowered to borrow money, and
may charge the poor rates of the unions and parishes
forming the district with the money so borrowed, and in-
terest, subject and according to the following provisions :
The amount borrowed shall not exceed one-third of the
aggregate annual expenditure on the relief of the poor within
the whole district (exclusive of reimbursements) for the period
of three years ending on the 25th day of March next pre-
ceding the borrowing of the money.

" The amount borrowed shall be paid off with interest, by
equal annual instalments not exceeding twenty," now thirty,
31 & 32 Vic. c. 122, s. 35.

Power of 105. — (i-) The provision of hospitals and of mortu-

distri^t boards ^''^^^ lender this Act, and the purposes of the epidemic
toVorrow.^'^ ^ regulations under this Act, shall be purposes for which
vestries and district boards are authorized to borrow.

(2.) A sanitary authority, with the consent of the

Authorities for Execution of Act. 157

Local Government Board, may borrow for the purpose Sect. 105.
of providing, as required or authorized by this Act —

{a.) sanitary conveniences, lavatories, and ash-pits,
and

{b.) premises, apparatus, carriages, and vessels for
the disinfection, destruction, and removal of
infected articles, and

{c) a building for post-mortem examinations and
accommodation for the holding of inquests.

(3.) The purposes for which a sanitary authority are
authorized under this Act to borrow shall be purposes
for which that authority may borrow under the Acts
relating to the execution of the other duties of that
authority, and, where the consent of the Local Govern-
ment Board is required and given to any such loan, the
consent of any other authority shall not be required.

This section reproduces, with amendments, s. 5 of the
Diseases Prevention (Metropolis) Act, 1883 (46 & 47 Vict,
c. 35), and s. 24 of the London Council (General Powers)
Act, 1890 (53 & 54 Vict.' c. ccxliii).

Hospitals and mortuaries — As to the provision of hospitals,
see s. 75, supra^Y^. 121 ; as to mortuaries, s. 88, supra^ p. 131 ;
and as to epidemic regulations, see ss. 82 to 87.

Sanitary conYeniences. — Power to provide sanitary con-
veniences, and to make regulations for the same, is contained
in ss. 44 and 45, supra^ pp. 80, 84.

Disinfection. — Every sanitary authority must provide pre-
mises with the necessary carriages and apparatus for the
destruction or disinfection of infected bedding, etc., s. 59,
supra, p. 103.

Accommodation for holding inquests. — In clause 33, of the
Public Health (London) Amendment Bill (which was consoli-
dated with the Public Health (London) Consolidation Bill to form
this Act), it was proposed that sanitary authorities should provide
accommodation for holding inquests, and should be enabled to
borrow for that purpose. In s. 92 of this Act the provision of
accommodation for holding inquests was entrusted to the
county council, but the power of sanitary authorities to borrow
for the purpose has been left in the Act.

As to the provision of proper buildings for holding post-
mortem examinations, see s. 90, supra, p. 134.

Power to borrow for other duties. — The powers of the
vestries and district boards in London to borrow are regulated
by ss. 183 to 191 of the Metropolis Management Act, 1855,
set out in the Appendix, infra.

158 Public Health (London) Act, 1891. ;

Sect. 105. With this section the power to borrow under the Epidemic ^
Diseases Prevention Act, 1883 (46&47 Vict. c. 59), should be
compared. !

Appointment 106. — (i.) Every sanitary authority shall appoint
officers of^ One or more medical officers of health for their district,

health. (^v The same person may, with the sanction of the ;

Local Government Board, be appointed medical officer ;

of health for two or more districts, by the sanitary j

authorities of such districts ; and the Local Government j

Board shall prescribe the mode of such appointment 1

and the proportions in which the expenses of such j

appointment and the salary and charges of such officer i

shall be borne by such authorities. j

(3.) Every person appointed or re-appointed after ]

the commencement of this Act as medical officer of ^

health of a district shall (except during the two months !

next after the time of his appointment, or except in :

cases allowed by the Local Government Board) reside ;

in such district or within one mile of the boundary '

thereof, and, if while not so residing as required by this ;

enactment he assumes to act or receives any remunera- i

tion as such medical officer of health, he shall cease to j

hold the office. |

(4.) A medical officer of health may exercise any of !
the powers with which a sanitary inspector is invested.

(5.) The annual report of a medical officer of health
to the sanitary authority shall be appended to the
annual report of the sanitary authority.

This section reproduces with amendment s. 132 of the ■
Metropolis Management Act, 1855, as amended by ss. 18, 19

and 88 of the Local Government Act, 1888. 1

Medical officer of health. — This name was given to these 1

officers by s. 132 of the Metropolis Management Act, 1855, i
under which section they were required to be appointed by
vestries and district boards, and their duties were specified.

This provision as to their duties is omitted in this section. '

As to the power of the Local Government Board with re-
gard to the duties of medical officers of health, see s. 108, ;
infra, and s. 139 (i) (d), infra. The general order (Metro- \
polis) of the Local Government Board issued in 1889 under
the Local Government Act, 1888, which prescribed the regula- j
tions as to the appointment, salary, tenure of office, and \
duties of medical officers of health is set out together with the j
general regulations in the Appendix, infra. ;

The medical officer of health can be called upon to in- i

spect artizans' dwellings for the purpose of granting a certifi- \

cate which will exempt the dwellings from inhabited house ;

Authorities for Execution of Act. 159

duty under the Customs and Inland Revenue Act, 1890 Sect.
(53 Vict. c. 8). Sec. 26 (2) of that Act is as follows : — —
" The assessment to inhabited house duty of any house
originally built or adapted by additions or alterations and
used for the sole purpose of providing separate dwellings for
persons, at rents not exceeding for each dwelling the rate of
seven shillings and sixpence a week, and occupied only by
persons paying such rents, shall be discharged by the said
Commissioners provided that a certificate of the medical
officer of health for the district in which the house is situate,
or other medical practitioner appointed as herein-after pro-
vided, shall be produced to them to the effect that the house
is so constructed as to afford suitable accommodation for
each of the families or persons inhabiting it, and that due
provision is made for their sanitary requirements. The
medical officer of health of a district, on request by the person
who would be liable to pay the house duty on any house in
the district if the duty were not discharged as aforesaid, shall
examine the house for the purpose of ascertaining whether such
a certificate can properly be given, and, if the house be con-
structed so as to afford such accommodation and due provi-
sion be made as aforesaid, shall certify the same accordingly;
provided that the authority, if they are of opinion that the
duties which would devolve on the medical officer of health
under this section could not be performed by him without
interference with the due performance of his ordinary duties,
may appoint some other legally qualified medical practitioner,
having the qualification required for office of medical officer
of health of the district, to make such examinations and give
such certificates as aforesaid."

The Local Board of Woolwich was required to appoint a
medical officer of health under s. 12 of the Infectious Disease
(Notification) Act, 1889 (52 & 53 Vict. c. 72.)

The power to appoint the same person medical officer of
health for two or more districts was not prohibited, though not
expressly permitted under s. 132 of the Metropolis Manage-
ment Act, 1855.

But by s. 139 of that Act (set out in the Appendix, infra),
the county council is empowered to direct appointments of
officers to be made for parishes or districts jointly.

As to the power of the Local Government Board to com-
bine authorities for the purposes of epidemic regulations, see
s. 84, supra, p. 129 ; and for other purposes, see ss. 75. and 91,
supra.

See, as to the power under the Public Health Act, 1875,
s. 286 of that Act.

The county council have power to appoint a medical officer
of health and to render his services available in the districts of
any sanitary authority under s. 17 of the Local Government
Act, 1888. See that section set out in the Appendix, infra.

i6o Public Health (London) Act, 1891.

Sect. 106. The London county council may, with the consent of a

Secretary of State, at any time appoint one or more legally

qualified practitioner or practitioners, with such remuneration
as they think fit, for the purpose of carrying into effect any
part of the Housing of the Working Classes Act, 1890. And
any medical officer of health appointed by the London county
council, and any officer appointed for that purpose by the
London county council shall be deemed to be a medical officer
of health of a local sanitary authority ; see s. 76 of the Housing
of the Working Classes Act, 1890 (53 & 54 Vict. c. 70). As
to the duties of a medical officer of health under that Act, see
ss. 5, 30, 31, 38, 52, 72, 73 of that Act.

As to the qualification and removal from office of a medical
officer of health, see s. 108, infra. As to the temporary
appointment where occasion requires, i"^^ s. 109, infra.

The power to appoint as medical officers of health, with the
sanction of the Local Government Board, district medical
officers of a union is not contained in this Act {see s. 286 of
the Public Health Act, 1875).

As to the continuance in office of officers appointed under
enactments repealed by this Act, see s. 142 (6), infra.

Expenses of appointment. — The method of defraying ex-
penses under this Act is provided for by s. 103, supra, p. 154';
but see, as to the contribution by the county council of half the
salaries of medical officers of health and sanitary inspectors
out of the exchequer contribution account, s. 108 (i), infra.

Officer to reside in district. — This provision is new; it only
affects appointments made after the commencement of the
Act (January i, 1892 ; see ^. 143).

The medical officer of health is protected from personal
liability for any matter or thing done bona fide for the purposes
of executing the Act; s. 124, infra.

Powers of sanitary inspector. — As to these officers, see ss.
107 to 109, infra.

Annual report. — By s. 43 of the Metropolis Management
Act, 1862 (25 & 26 Vict. c. 102), the medical officer of health
was required to make an annual report to the vestry or district
board of the sanitary condition of the parish or district.

By s. 198 of the Metropolis Management Act, 1855, the
vestries and district boards are to attach such report to the
annual report of the vestry or district board, and to send the
same to the county council annually.

By s. 19 of the Local Government Act, 1888 (51 & 52 Vict,
c. 41), set out in Appendix, infra, every medical officer of
health must send to the county council a copy of the reports
made by him to the Local Government Board

Appointment 107. — (i-) Every sanitary authority shall appoint an
of sanitary in- adequate number of fit and proper persons as sanitary

spectors.

Authorities for Execution of Act. i6r

inspectors, and may distribute among them the duties
to be performed by sanitary inspectors, and every such
inspector shall be a person qualified and competent by
his knowledge and experience to perform the duties of
his office.

(2.) Where the Local Government Board, on a re-
presentation from the county council, and after local
inquiry, are satisfied that any sanitary authority have
failed to appoint a sufficient number of sanitary in-
spectors, the Board may order the authority to appoint
such number of additional sanitary inspectors and to
allow them such remuneration as the order directs, and
the sanitary authority shall comply with the order.

(3.) The sanitary inspectors shall report to the sani-
tary authority the existence of any nuisances ; and the
sanitary authority shall cause a book to be kept in
which shall be entered all complaints made of any in-
fringement of the provisions of this Act or of any bye-
laws made thereunder, or of nuisances ; and every such
inspector shall forthwith inquire into the truth or other-
wise of such complaints, and report upon the same, and
such report shall be laid before the sanitary authority
at their next meeting, and together with the order of
the sanitary authority thereon shall be entered in a
book, which shall be kept at their office, and shall be
open at all reasonable times to the inspection of any
inhabitant of the district, and of any officer either
generally or specially authorized for the purpose by the
county council ; and it shall be the duty of such
inspector, subject to the direction of the sanitary
authority, or of a committee thereof, to make com-
plaints before justices and take legal proceedings for
the punishment of any person for any offence under
this Act or any such bye- laws.

This section reproduces, with amendments, s. 133 of the
Metropolis Management Act, 1855, and s. 9 of the Nuisances
Removal Act, i860 (23 & 24 Vict. c. 77).

Sanitary inspector — .Under the repealed Nuisances Removal
and Sanitary Acts and the various sections of the Metropolis
Management Act, this officer was sometimes described as a
sanitary inspector, and sometimes as an inspector of nuisances.
Throughout the present Act he is consistently referred to by
the proper description given in this section, as directed in
s. 139 (i) {d\ infra.

It was the intention, by this Act, to repeal the power to
appoint the same person sanitary inspector for two districts ;
but, with the consent of the county council, it will still be

i62 Public Health (London) Act, 189 i. I

Sect. 107. possible under s. 139 of the Metropolis Management Act,
1855, set out in the Appendix, m/ra.

Adequate number of inspectors Under this Act the

number of sanitary inspectors is to be adequate, and the

inspectors are to be fit and proper persons. ■

Under the Metropolis Management Act, 1855, the vestries i

and district boards were required to appoint only such I

number of persons they thought fit. ]

Qualified by knowledge and experience The repealed \

enactments were silent on the quaHfication of the persons j
appointed as sanitary inspectors. j
All persons appointed as sanitary inspectors after 1894 will \
have to be holders of certificates of proficiency of such body ^
as the Local Government Board may approve, subject to cer-
tain exceptions; s. 108, I'n/ra. ■

Local inquiry. — By s. 129, infra, the provisions as to local |

inquiries under the Public Health Act, 1875, contained in j

ss. 293 to 296 of that Act, and which are set out in Schedule I. ;

of this Act, tn/ra, are to apply to all inquiries which the \

Local Government Board hold under this Act. j

Complaint book. — The provisions as to the inspection of the |

complaint and order book by the county council's officer is '

new. !

Nuisances — As to what are nuisances under this Act (for it ^

is to these only that sub-section (3) refers, and not to public i

nuisances generally), see s. 2 and notes thereon, supra, \

pp. 4, 13. \

Existing officers. — As to provisions for existing officers, see j

ss. 139 and 142 (6), infra. \

The officers of a sanitary authority are protected from '

personal liability for anything done bona fide for the purpose j

of executing the Act ; s. 124, iiifra. \

108. — (i-) Subject to the provisions of this Act as ■
to existing officers, the Local Government Board shall

have the same powers as they have in the case of a j
district medical officer of a poor law union with regard

to the qualification, appointment, duties, salary, and ■
tenure of office of every medical officer of health and
sanitary inspector, and one-half of the salary of every

such medical officer and sanitary inspector shall be paid \

by the county council out of the Exchequer contribu- \

tion account in accordance with section twenty-four of j

the Local Government Act, 1888, and that section shall i
be construed as if in sub-section two thereof the

references to the Public Health Act, 1875, included a |
reference to this Act.

Provisions as
to medical
officers and
sanitary in-
spectors.

51 & 52 Vict,
c. 41.

Authorities for Execution of Act. 163

(2.) Provided that— Sect. 108.

{a.) A medical officer of health shall be legally
qualified for the practice of medicine, surgery,
and midwifery, and also either be registered in
the Medical Register as the holder of a dip-
loma in sanitary science, public health, or
State medicine under section twenty-one of
the Medical Act, 1886, or have been during 49 & 50 Vict,
three consecutive years preceding the year one ^* 48-
thousand eight hundred and ninety-two a
medical officer of a district or combination of
districts in London or elsewhere with a popu-
lation according to the last published census
of not less than twenty thousand, or have
before the passing of the Local Government
Act, 1888, been for not less than three years a
medical officer or inspector of the Local
Government Board ; and

{b.) A medical officer of health shall be removable
by the sanitary authority with the consent of
the Local Government Board, or by that
Board, and not otherwise :

Provided that the Local Government Board
shall take into consideration every representa-
tion made by the sanitary authority for the
removal of any medical officer, whether based
on the general interests of the district, on the
conduct of such officer, or on any other
ground ; and

{c.) Any such medical officer shall not be appointed
for a limited period only ; and

(d.) A sanitary inspector appointed after the first
day of January one thousand eight hundred
and ninety-five shall be holder of a certificate
of such body as the Local Government Board
may from time to time approve, that he has by
examination shown himself competent for
such office, or shall have been, during three
consecutive years preceding the year one
thousand eight hundred and ninety-five, a
sanitary inspector or inspector of nuisances of
a district in London, or of an urban sanitary
district out of London containing according to
the last published census a population of not
less than twenty thousand inhabitants.

M 2

,i64 Public Health (London) Act, 1891.

Sect. 108. This section reproduces in sub-section (i) the effect of
s. 88 {c) of the Local Government Act, 1888, which is
repealed by this Act. By the same section, the operation of
s. 191 of the PubHc Health Act, 1875, was extended to
London.

^ Sub-section (2) {a) reproduces s. 18 (2) of the Local
Government Act, 1888. The operation of that section was
postponed until January ist, 1892. That date is omitted in
sub-section 2 [a) of the present section, as the section will not
; come into operation till that day, which is the date of the
commencement of this Act; s. 143, infra.

Existing officers. — Officers appointed under any Act
repealed by this Act are to continue in office in like manner
as if they were appointed in pursuance of this Act, subject to
the provisions of the Act respecting existing officers; s. 142
(6), infra. And by s. 139, infra^ provision is made respecting
the protection of existing officers, to whom this section as to
qualification will not apply.

Exchequer contribution account. — By s. 24 (2) of the Local
Government Act, 1888, "in substitution for local grants, the
council for each county shall from time to time pay out of the
county fund and charge to the exchequer contribution
account the following sums :■ —

" {c.) They shall pay to every local authority for any area,
wholly or partly in the county, by whom a medical officer of
health or inspector of nuisances is paid, one half of the salary
of such officer, where his qualification, appointment, salary,
and tenure of office are in accordance with the regulations
made by order under the Public Health Act, 1875, or any
Act repealed by that Act ; but if the Local Government
Board certify to the council that such medical officer has
failed to send to the Local Government Board such report
and returns as are for the time being required by the regula-
tions respecting the duties of such officer made by order of the
board under any of the said Acts, a sum equal to such half of
the salary shall be forfeited to the Crown, and the council
shall pay the same to Her Majesty's exchequer, and not to the
said local authority."

Before the Local Government Act, 1888, was passed, no
part of the salaries of medical officers of health or sanitary in-
spectors was paid out of the grants in aid for which the above
-payment out of the exchequer contribution account was
substituted. The effect of the Local Government Act, 1888,
was, and of this Act is, to place these officers in London in
the same position, as to control, quaHfication, and duties, as
those outside London and appointed under the Public
Health Act, 1875. Reference must be had as to existing
officers to ss. 139 and 142, infra.

Legally qualified for the practice of medicinC) etc. — Before
the passing of the Local Government Act, 1888, which

Authorities for Execution of Act. 165

contained, in s. 18, provisions similar to sub-section 2 of this Sect. 108.

section, the quahfication required in medical officers of health

in London was that they should be legally qualified medical
practitioners of skill and experience, under s. 132 of the Me-
tropolis Management Act, 1855. Outside of London the
qualification was that required in s. 191 of the Public Health
Act, 1875.

A legally qualified medical practitioner is one registered
under the Medical Act (21 & 22 Vict, c. 90, s. 34). By the
Medical Act, 1886 (49 & 50 Vict. c. 48), s. 2, "a person shall
not be registered under the Medical Acts in respect of any
qualification referred to in any of those Acts unless he has
passed such qualifying examination in medicine, surgery, and
midwifery as is in this Act mentioned." The third section of
that Act contains a list of the examining bodies. By s. 21 of
that Act " every registered medical practitioner to whom a
diploma for proficiency in sanitary science, public health, or
state medicine has, after special examination, been granted by
any college, or faculty of physicians or surgeons, or university
in the United Kingdom, or by any such bodies acting in
combination, shall, if such diploma appears to the privy
council or to the general council to deserve recognition in
the medical register, be entitled, on payment of such fee as the
general council may appoint, to have such diploma entered in
the said register, in addition to any other diploma or diplomas
in respect of which he is registered."

Medical officer removable. — Sub-section 2 {b) is an amend-
ment of the law. It was proposed to make this sub-section
apply also to sanitary inspectors, who require its protection at
least as much as medical officers of health. The words
" sanitary inspector " were omitted from the Bill at the third
reading in the House of Lords.

It is probable that both medical officers of health and
sanitary inspectors are sufficiently protected without this sub-
section, by the control of the Local Government Board over
the terms of their appointment in sub-section i.

Appointment for limited period. — For the temporary
appointment of sanitary officers, see s. 109, infra.

Sanitary inspector to hold certificate. — The examining
bodies for granting these certificates are left entirely to the
discretion of the Local Government Board.

The Act is silent as to how the approval is to be expressed.

109. — A sanitary authority, where occasion requires, Temporary

may, with the sanction of the Local Government Board, arrangement
: ^ ^ r ^1 f ' for duties of

make any temporary arrangement for the performance medical officer

of all or any of the duties of a medical officer of or sanitary in-

health or sanitary inspector, and any person appointed spector.

by virtue of any such arrangement to perform those

i66 Public Health (London) Act, 1891.

Sect. 109. duties, or any of them, shall, subject to the terms of
his appointment, have all the powers, duties, and
liabilities of a medical officer of health or sanitary
inspector as the case may be.

Medical officer of health. — As to the qualification, appoint-
ment, and duties of the officer, see s. 106, supra^ p. 158, and
s. 108, supra, p. 162.

Sanitary inspector. — As to the appointment, qualification,
and duties of this officer, see ss. 107 and 108, supra, pp. 160,
162.

Temporary officers. — Sanitary authorities are empowered to
appoint special medical and other officers for the purposes of
prevention of epidemic disease under s. 82 (i), supra, p. 127.

Jurisdiction i:s 110. — (i.) For the purposes of this Act any vessel
to ships. lying in any river or other water within the district of a
sanitary authority shall (subject to the provisions of
this Act with respect to the port sanitary authority of
the port of London) be subject to the jurisdiction of
that authority in the same manner as if it were a house
within such district.

(2.) The master of any such vessel shall be deemed
for the purposes of this Act to be the occupier of such
vessel.

{3.) This section shall not apply to any vessel under
the command or charge of any officer bearing Her
Majesty's commission, or to any vessel belonging to any-
foreign government.

This section reproduces s. 30 of the Sanitary Act, 1866,
and corresponds to s. no of the Public Health Act, 1875, as
amended by s. 2 of the Public Health Act, 1885 (48 & 49
Vict. c. 35).

Yessel. — This term includes a boat and every description of
vessel used in navigation ; s. 141.

Sub-section (3) of this present section, which excludes Her
Majesty's ships and those of foreign governments, does not
alter the law but simply declares it.

As to the consumption of smoke arising from engines and
furnaces of ships on the Thames, see s. 23 (3), supra, p. 52.

The provisions of this Act as to infectious disease notifica-
tion are expressly extended to ships by s. 55 (7), supra, p. 99.

A person on board ship, and suffering from any dangerous
infectious disease, may be removed to a hospital ; s. 66 (i),
supra, p. III.

Port sanitary authority of London. — This is the Mayor, Com-
monalty, and Citizens of London ; see ss. in and 112, mfra.

Authorities for Execution of Act. 167

Master of the vessel. — This expression includes any other Sect. 110.
person in charge of the vessel ; s. 141, infra. ~

As to the service of notices, etc., on the owner or occupier,
see s. 128 (3), infra.

Port Sanitary Authority of Port of London,

111. — The Mayor, Commonalty, and Citizens of the Port sanitary
City of London shall continue to be the port sanitary ^0^^.^°^^^^^^
authority of the port of London, as established for the °
purposes of the laws relating to the customs of the
United Kingdom, and shall pay out of their corporate
funds all their expenses as such port sanitary authority.

This section re-enacts s. 291 of the Public Health Act, 1875,
and s. 20 of the Public Health Act, 1872, which are repealed
by this Act.

The port of London. — The port of London extends over the
waters reaching from Staines Bridge, in Middlesex, to Yantlett
Creek, in Kent, for conservancy purposes.

The limits of the port of London vary for different purposes.
For customs purposes the port may extend to a line drawn
from the Naze to the North Foreland : for other purposes it
may extend to Gravesend only. The limits of a port may
depend on the existence of wharves, quays, houses, buildings,
and other conveniences. It may accordingly from time to
time vary and increase with the increase of population and
buildings. " The port of London," says Lord Hale in " De
Portibus Maris," "anciently extended to Greenwich in the
time of Edward I., and Gravesend is a member of it."

The extent of a port is a question of fact. For the purpose
of pilotage the present limit is Gravesend : see the judgment
of the court in the Exchequer Chamber in The General
Steam Navigation Co?npany v. The British and Colonial Steam
Navigation Co77tpany^ Limited^ (1869) L.R. 4 Ex. 238.

The Local Government Board, under s. 287 of the Public
Health Act, 1875, have power to permanently constitute
" port sanitary authorities."

In that section " port " is defined as " a port as established
for the purposes of the laws relating to the customs of the
United Kingdom."

By the Customs Laws Consolidation Act, 1876 (39 & 40
Vict. c. 36), ss. 11-16, the Commissioners of the Treasury
may by warrant appoint any port in the United Kingdom and
declare the limits of it, and may annul the limits of any port
already appointed, or to be thereafter appointed.

Port sanitary authority — As to the powers of the port sani-
tary authority, see ^. 112, infra.

i68 Public Health (London) Act, 1891.

Sect, 111. The port sanitary authority are to enforce the provisions of
this Act with respect to smoke consumption, which are ex-
tended to the port of London by s. 23 (7), supra^ p. 53.

Powers of port 112— (i.) The Local Government Board may by
Sy oFport of' assign to the port sanitary authority of the port

London. of London any powers, rights, duties, capacities,
liabilities, or obligations of a sanitary authority under
38 & 39 Vict, this Act, or of a sanitary authority under the Public
Health Act, 1875, and any Act extending or amending
the same respectively, with such modifications and
additions (if any) as may appear to the Board to be
required, and the order may extend to the said port a
bye-law made under this Act otherwise than by the port
sanitary authority, and any such bye-law until so
extended shall not extend to the said port ; and the
said port sanitary authority shall have the powers, rights,
duties, capacities, liabilities, and obligations assigned by
such order in and over all waters within the limits of
the said port, and also in and over such districts or parts
of districts of riparian authorities as may be specified in
any such order, and the order may extend this Act, and
any part, thereof, and any bye-law made thereunder, to
such waters and districts and parts of districts when not'
situate in London.

(2.) The said port sanitary authority may acquire and
hold land for the purposes of their constitution without
any licence in mortmain.

(3.) The said port sanitary authority may, with the
sanction of the Local Government Board, delegate to
any riparian authority the exercise of any powers con-
ferred on the port sanitary authority by the order of the
Board, but except in so far as such delegation extends
no other authority shall exercise any powers conferred
on such port sanitary authority by the order of the
Board within the limits of the port of London.

(4.) " Riparian authority " in this section means any
sanitary authority under this Act and any sanitary
authority under the Public Health Act, 1875, whose
district or part of whose district forms part of or abuts
on any part of the said port, and any conservatorSi,
commissioners, or other persons having authority in or
over any part of the said port.

This section reproduces the effect of ss. 287 to 289 of the
Public Health Act, 1875.

The port sanitary authority is constituted by s. iii, where^
see note, supra^ p. 167.

Port Sanitary Authority: Port of London. 169 ^

Order of the Local GoYcrnment Board — All orders of the Sect. 112. ■

Local Government Board in pursuance of the Public Health |

Act, 1875, are binding and conclusive in respect of the matters i
to which they refer, and are to be published in such manner

as that Board direct (see s. 295 of that Act). As to the regu- ;

lations respecting Provisional Orders of the Local Government ^

Board under that Act^ see s. 297 of that Act. j

As considerable part of the port of London is within London j

the effect of this section is to give power to extend the opera- ]

tion of the Public Health Act, 1875, to part of London. \

Bye-laws. — As to bye-laws made under this Act, see s. 114, ■
m/ra. The bye-laws made by the county council do not
extend to the city ; s. 133 m/m. It is to the extension of

such bye-laws as " made otherwise than by the port sanitary .

authority," as well as to those of riparian sanitary authorities, i

which would apply to the port except for the exclusion of their j
operation by this section, that s. 112 (i) applies.

The provisions of s. 23 of the Act, as to smoke consump-
tion, are extended to the port of London by the Act itself in I
s. 23 (7), suj>ra, p. 53. ; i

Application of Public Health Acts as to Cholera^ &c, \

113. — The sections of the Public Health Acts (relat- Powers of
ing to regulations and orders of the Local Government ^^^f ^ar?as
Board with respect to cholera, or other epidennic, epidemic
endemic, or infectious diseases) set out in the First diseases.
Schedule to this Act, shall extend to London, and shall
apply in like manner as if a sanitary authority under
this Act were a local authority within the meaning of
those sections.

In a memorandum attached to this Act when introduced as
a Bill into the House of Commons, it was explained that the
sections of the Public Health Act, 1875, referred to here,
confer general powers on the Local Government Board for
the whole country, and are worded accordingly. There was
great difficulty in re-enacting them for London only, and there-
fore the course was taken of declaring that the sections as
they stand shall apply to London as well as the rest of the
country.

This course has the advantage also, that if the powers have
to be exercised it will not be necessary to issue two sets of
regulations, one for London and another set of regulations
for the rest of the country. The regulations issued by the
Local Government Board are set out infra, in the Appendix.

The effect of the section is to reproduce ss. 5, 6, 7, 1 1 and
14 of the Diseases Prevention Act, 1855 (^^ & ^9 Vict. c.
116) ; s. 52 of the Sanitary Act, 1866 (29 & 30 Vict. c. 90) ;

170 Public Health (London) Act, 1891.

Sect. 113. s. 52 of the Public Health Act, 1872 (35 & 36 Vict. c. 79),

and the PubHc Health Act, 1889 (52 & 53 Vict. c. 64).

Regulations to apply to sanitary authority. — It is the duty
of every sanitary authority to enforce and superintend the
execution of the epidemic regulations of the Local Govern-
ment Board under this section; see s. 82, supra^ p. 127.
London means the administrative county of London; s. 141,
infra.

Bye-laws,

Bye-laws. 114. — All bye-la ws made by the county council or by

any sanitary authority under this Act shall be made sub-
ject and according to the provisions with respect to bye-
laws contained in sections one hundred and eighty-two
to one hundred and eighty-six of the Public Health
38 & 39 Vict. Act, 1875, and set forth in the First Schedule to this
^' 55- Act ; and those sections shall apply in like manner as if

the county council or sanitary authority were a local
authority :

Provided that the county council, in making any
bye-laws which will have to be observed and enforced by
any sanitary authority, shall consider any representations
made to the council by that authority, and not less than
two months before applying to the Local Government
Board for the confirmation of any such bye-laws shall
send a copy of the proposed bye-laws to every such
authority.

Bye-laws. — For bye-laws as to cleansing of streets, prevent-
ing nuisances, and removal of noxious matter, see s. 16, supra^
p. 36.

The county council have power to make bye-laws for the
regulation of offensive trades under s. 19 (4), supra^ p. 42 ; as
to regulations by the Local Government Board respecting
dairies, see s. 28, supra^ p. 58.

The county council and sanitary authorities are to make
bye-laws respecting water-closets and the supply of water to
them under s. 39, supra^ p. 73 ; and respecting public con-
veniences, under s. 45, supra, p. 84 ; and for the cleansing of
cisterns, under s. 50, supra, p. 93. As to bye-laws for mor-
tuaries, see s. 88, supra, p. 131 ; for lodging-houses, s. 94, p. 136;
for tents and vans, s. 95, supra, p. 141 ; and as to removals
to hospitals of infectious disease patients, s. 66, supra, p. iii.

The bye-laws made by the county council and sanitary
authorities will not extend to the port of London unless
extended thereto by order of the Local Government Board,
s. 112, supra, p. 168, nor will'those of the county council apply
to the city of London, s. 133 {b), infra.

Bye-Laws.

171

Where bye-laws are to be made for any purpose for which no Sect. 114.

bye-laws are at the commencement of the Act in force, they

must be submitted to the Local Government Board for sanc-
tion within six months of the commencement of the Act ;
s. 142 (3), m/ra. The Acts in Schedule IV., which are repealed
from the coming into force of bye-laws made for the like pur-
pose, are to be repealed within the time limited in s. 142 (4),
zn/ra.

The sections of the Public Health Act, 1875, are set out
tn/ra, where see notes.

As to power of the county council to make bye-laws under
the Local Government Act, 1888, see s. 16 of that Act.

Legal Proceedings.

115. — (i.) Where a sanitary authority have by virtue General pro-
of this Act power to examine or enter any premises, powers
whether a building, vessel, tent, van, shed, structure, or entry,
place open or enclosed, they may examine or enter by
any members of the authority, or by any officers or
persons authorized by them, either generally or in any
particular case.

(2.) Where a sanitary authority, or their officers, or
any persons acting under such authority, or under any
of their officers, have by virtue of any enactment in
this Act a right to enter any premises, whether a
building, vessel, tent, van, shed, structure, or place open
or enclosed, then, subject to any special provisions con-
tained in such enactment, the following provisions shall
apply, that>is to say —

{a) The person so claiming the right to enter shall,
if required, produce some written document,
properly authenticated on the part of the
sanitary authority, showing the right of the
person producing the same to enter.

(^.) Any person refusing or failing to admit any
person who is authorized and claims to enter
the premises shall if —

(i.) the entry is for the purpose of carrying
into effect an order of a court of summary
jurisdiction, and either is stated in the said
document to be for that purpose or is
claimed by an officer of the sanitary
authority, or

(ii.) it is proved that the refusal or failure is
with intent to prevent the discovery of

iy2 Public Health (London) Act, 1891.

Sect. 116. some contravention of this Act or any

bye-law under this Act, or
(iii.) the refusal or failure is declared by the
enactment conferring the right of entry
to render the person refusing or failing
subject to a fine,
be liable to a fine not exceeding five pounds.
(3.) If a justice is satisfied by information on oath —
(a.) that there is reasonable ground for such entry,
and that there has been a refusal or failure to
admit to such premises, and either that reason-
able notice of the intention to apply to a justice
for a warrant has been given, or that the
giving of notice would defeat the object of the
entry, or

{b.) that there is reasonable cause to believe that
there is on the said premises some contraven-
tion of this Act or of any bye-law under this
Act, and that an application for admission
or notice of an application for the warrant
would defeat the object of the entry,

the justice may by warrant under his hand authorize the
sanitary authority or their officers or other person, as
the case may require, to enter the premises, and if need
be by force, with such assistants as they or he may
require, and there execute their duties under this Act.

(4.) Any person obstructing the execution of any
such warrant, or of any warrant granted by a justice in
pursuance of any other provision of this Act, and
authorizing the entry by the sanitary authority or their
officer or any other person into any premises, shall be
liable to a fene not exceeding twenty pounds, or, in a
case where a greater punishment is imposed by this
Act or any other enactment, either to such fine or
to that greater punishment.

(5.) The warrant shall continue in force until the
purpose for which the entry is necessary has been
satisfied.

(6.) Where a house or part of a house is alleged to be
overcrowded so as to be a nuisance liable to be dealt
with summarily under this Act, a warrant under this
section may authorize an entry into such house or part
of a house at any hour of the day or night specified in
the warrant.

This section reproduces ss. 11 and 36 of the Nuisances
Removal Act, 1855 ; s. 3 of the Nuisances Removal Act, 1863

Legal Proceedings.

173

(26 & 27 Vict. c. 117); ss. 20 and 31 of the Sanitary Act, Sect.
1866; s. 55 of the Sanitary Act, 1874 (37 & 38 Vict. c. 89) ; —
and s. 9 of the Housing of the Working Classes Act, 1885
(48 & 49 Vict. c. 72). It corresponds to ss. 102 and 103 of
the PubHc Health Act, 1875.

The object of this section is to have one common procedure
for enforcing the power to enter. Difficulty was experienced
in making the powers under this section and s. 10, supra^ p. 28,
uniform, owing to the variations in the time and power of
€ntry, and procedure in respect thereof, given in the various
enactments repealed by this Act. The common procedure
under this section of this Act is in some cases more stringent,
and in others less stringent, against the occupier of the pre-
mises.

Power to enter. — As to power of the sanitary authority to
enter and examine premises, see as to nuisances, s. 10, supra^
p. 28; as to smoke abatement, s. 23 (6), supra^ p. 53 ; as to
slaughter-houses and knackers' yards, s. 20(7), supra^ p. 46 \ as
to water-closets, etc., ss. 39 (3), 40 (i) and 41 (2) (3), supra,
PP- 73j 76 } as to drains, etc., s, 43 (2), supra, p. 78 ; as to
unsound food, s.*47, supra, p. 86 ; as to cleansing and disinfec-
tion, s. 60 (3), supra, p. 105 ; for the purpose of prevention of
epidemic diseases regulations, s. 82, supra, p. 127 ; as to tents
and vans, s. 95 (3), supra, p. 141 ; as to underground rooms,
s. 97, supra.

Power is given to authorize the entry of a constable or other
person to verify a complaint made by a private individual,
under s. 12 (2), supra, p. 32.

The county council have power to enter dairies, etc., for the
purpose of enforcing the orders and regulations respecting
dairies, under s. 28, supra, p. 59.

Premises. — This expression includes messuages, buildings
lands, easements, and hereditaments of any tenure, whether
open or enclosed, whether built on or not, and whether public
or private, and whether maintained or not under statutory
authority; s. 141, infra.

Written document authenticated — Writing includes printing,
hthography, photography and other modes of representing or
reproducing words in a visible form ; Interpretation Act, 1889
(52 & 53 Vict. c. 63), s. 20.

The authentication will be by the document being signed
by the clerk of the sanitary authority ; s. 127, iftfra.

Refusing or failing to admit. — See the provisions empower-
ing entry cited in note, supra.

The words " refusing or failing to admit " are wider than
the words "wilfully obstructs," in s. 116, infra.

It is submitted that the words in this section would cover
such a case as 6'/;z<^// v. Bickley, (1875) 32 L.T. (N.S.) 726.
In that case a butcher, at his residence, half a mile distant

174 Public Health (London) Act, 1891.

Sect. 115. from his shop, on a Sunday afternoon, was requested to go or
send some one to admit the sanitary inspector to his shop to ex-
amine meat deposited there. The butcher refused. It was
held that, although Sunday afternoon might not be an unreason-
able time for the examination of the meat, the butcher had not
been guilty of " preventing " or " obstructing or impeding "
within s. 3 of the Nuisances Removal Act, 1863 (26 & 27
Vict, c 117).

The power of entry which the sanitary authority have is per-
missive ; they cannot be compulsorily forced by mandamus to
exercise it ; see ex parte Bassett, In re Local Board of Ha77i^
26 L.J.M.C. 64.

Fine. — As to procedure for the recovery of fines and penal-
ties, see s. 117, infra \ and as to the application of fines, see
s. 119, infra.

Justice's warrant. — The form of this warrant is set out, infra,
in Schedule III., form E.

Overcrowding. — As to provisions respecting overcrowd-
ing, see s. 2 (i) (^), supra, p. 3 ; s. 5 (7), supra, p. 21 ; and
s. 7, supra, p. 26.

Day. — This is defined as the period between 6 a.m. and
9 P.M. ; s. 141, infra.

116. — (i.) If any person —

{a) wilfully obstructs any member or officer of a
sanitary authority or any person duly employed
in the execution of this Act, or
{b) destroys, pulls down, injures, or defaces any
bye-law, notice, or other matter put up by
authority of the Local Government Board or
county council, or of a sanitary authority, or
any board or other thing upon which such bye-
law, notice, or matter is placed or inscribed, or
(<:.) wilfully damages any works or property be-
longing to any sanitary authority,

he shall be liable to a fine not exceeding five pounds.

(2.) Where the occupier of any premises prevents the
owner thereof from obeying or carrying into effect any
provision of this Act, a petty sessional court, on com-
plaint, shall by order require such occupier to permit
the execution of any works which appear to the court
necessary for the purpose of obeying or carrying into
effect such provision of this Act ; and if within twenty-
four hours after service on him of the order such oc-
cupier fails to comply therewith, he shall be liable to a
fine not exceeding five pounds for every day during the
continuance of such non-compliance.

Penalty on
obstructing
execution of
Act.

Legal Proceedings.

175

(3.) If the occupier of any premises, when requested Sect. 116.
by or on behalf of the sanitary authority to state the
name and address of the owner of the premises, refuses
or wilfully omits to disclose or wilfully mis-states the
same, he shall (unless he shows cause to the satisfaction
of the court for his refusal) be liable to a fine not ex-
ceeding five pouuds.

This section reproduces parts of ss. 206 to 209 of the
Metropolis Management Act, 1855 (18 & 19 Vict. c. 120),
and ss. 36 and 37 of the Nuisances Removal Act, 1855 (18 &
19 Vict. c. 121), s. 90 of the Metropolis Management Act,
1862 (25 &'26 Vict. c. 102), s. 45 of the Sanitary Act, 1866
(29 & 30 Vict. c. 90), and s. 16 of the Infectious Disease
(Prevention) Act, 1890 (53 & 54 Vict. c. 34). It corresponds
to ss. 306 and 307 of the Public Health Act, 1875, extended
by s. 48 of the Public Health Amendment Act, 1890 (53 &
54 Vict. c. 59).

Wilfully obstructs — As to what is wilful obstruction, see
Small V. Bickley^ supra^ and the note to s. 115, supra^
P- 173-

If a party is charged with obstructing the works of a local
board of health, he is not necessarily entitled to have the case
dismissed by the magistrates because the obstruction took
place in assertion of a private right. In such case the justices
are not warranted in refusing as frivolous an application to
state a case. R. v. Pollard, 14 L.T. 599.

Damage to property. — See, as to liability for damage to a
street lamp, Harding v. Barker cr' So7is, (1889) 5 T.L.R.
42.

Occupier to state the name of owner. — The addition of the
address of the owner in the information to be given by the
occupier is an amendment. An occupier or owner may be
proceeded against under such designation without further
description; see s. 120 (4), infra. The term "owner" is
defined in s. 141, infra.

Fine. — Under the Metropolis Management Acts the amount
of the fine varies from five shillings to five pounds. This
section fixes one uniform maximum of five pounds.

As to the recovery of penalties, see s. 117, infra \ and as to
their application, s. 119,

117. — (i.) AH offences, fines, penalties, forfeitures, Summary
costs, and expenses under this Act or any bye-law made fo^offences^
under this Act directed to be prosecuted or recovered expenses, &c.
in a summary manner, or the prosecution or recovery of
which is not otherwise provided for, may be prosecuted

176 Public Health (London) Act, 1891. j

Sect. 117. and recovered in manner directed by the Summary ^
Jurisdiction Acts.

(2.) Proceedings for the recovery of a demand not

exceeding fifty pounds, which a sanitary authority or ^

any person are or is empowered to recover in a sum- j
mary manner, may, at the option of the authority or

person, be taken in the county court as if such demand |

were a debt. 1

(3.) A proceeding under this Act shall not be taken !

by the county council against a sanitary authority save j

with the sanction of the Local Government Board, j
unless such proceeding is for the recovery of expenses . \

or of money due from the sanitary authority to the |

council. i

This section, with necessary amendment, reproduces ss. 225 ■

to 227 of the Metropolis Management Act, 1855, ss. 20 and I

38 of the Nuisances Removal Act, 1855, and s. 54 of the |

Sanitary Act, 1866. It corresponds to ss. 251 and 261 of the \

Public Health Act, 1875. i

Expenses.— The expenses of and incidental to a nuisance '
order may be recovered under s. 11, supra, p. 29, and s. 12 (2)
(d), supra, p. 32 ; those of the examination of sanitary appli- j
ances, under s. 40, supra, p. 74; those of the execution of I
necessary works, under s. 41 (2), supra, p. 76, and s. 43 (2), !
supra, p. 78. The expenses incurred in maintaining a non-
infectious patient in a hospital may be recovered under s. 76, ;
supra. As to recovery from the occupier of expenses recover-
able from the owner, see?,. 121, infra. ]_

Application of fines — All fines recovered under this Act are !

to be paid to the sanitary authority, and applied by them in i

aid of their expenses under this Act ; s. 119, i7ifra. \

Joint defendants — Where the offence is caused by persons 1
jointly liable, the proceedings may be taken by the sanitary
authority against one or more of them; s. 120, infra.

A judge or justice of the peace is not incapable of acting j

because he is a member of a sanitary authority ; s. 122, infra. •

Appearance of sanitary authority. — The county council or |

a sanitary authority may appear in any proceedings or before j
any court by their clerk or by any officer or member
authorized in that behalf; s. 123, infra.

Appeal. — Any person aggrieved by any conviction or order
made by a court of summary jurisdiction may appeal there-
from to a court of quarter sessions; s. 125, infra. ,

Proceedings in the High Court. — As to power of a sanitary \

authority to proceed to enforce abatement of or prohibition of j

nuisances in the High Court, see s. 13, supra, p. 33, and s. |

II (2), supra, p. 30. I

Legal Proceedings. 177

A sanitary authority may take proceedings in the High Beet. 117.
Court for offences relating to offensive trades ; s. 21 (3), supra, — -
p. 49-

Summary Jurisdiction Acts. — By the Interpretation Act,
1889 (52 & 53 Vict. c. 63), s. 13 (10), the expression "the
Summary Jurisdiction Acts," when used in relation to
England and Wales, means the Summary Jurisdiction
(England) Acts; and by s. 13 (7) the expression "the
Summary Jurisdiction (England) Acts " means the Summary
Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), and the
Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and
any Act, past or future, amending those Acts or either of
them.

These Acts are amended by the Summary Jurisdiction
(Process) Act, 1881 (44 & 45 Vict. c. 24), and the Summary
Jurisdiction Act, 1884 (47 & 48 Vict. c. 43).

Proceedings must be taken within six months of the cause
arising, under the Summary Jurisdiction Act, 1848 (11 & 12
Vict. c. 43), s. II.

As to the distinction in summary proceedings between
informations of a criminal nature and complaints of a civil
nature, see note on s. 11, supra, p. 29.

Whether the proceedings are criminal or civil proceedings,
the defendant and his wife or her husband may give evidence ;
s. 118, infra.

The county court was held to have jurisdiction under the
Nuisances Removal and Diseases Prevention Act, 1848 (11
& 12 Vict. c. 123), s. 3, even if the question of title arose. R.
V. Harden, 2 E. & B. 188; 22 L.J.Q.B. 299; Hertford
Ufiion V. Kimpton, 11 Ex. 295, 25 L.J.M.C. 41.

Proceedings by county council — As to proceedings by the
county council on default of a sanitary authority, see ss. 100
and loi, supra, pp. 149-151.

118. — Any person charged with an offence under Evidence by
this Act, and the wife or husband of such person, may, defendant,
if, such person thinks fit, be called, sworn, examined,
and cross-examined as an ordinary witness in the case.

Since the defendant and the husband or wife of such person
can be examined, etc., as an ordinary witness, one considera-
tion which was formerly of importance, viz., whether the pro-
ceedings were civil or criminal, is not of so much importance
now. ^l^^ note to s. 11, supra, ^. 29. It must be observed
that the examination, etc., of these persons is to take place
only if the defendant thinks fit.

119. — (i.) All fines recovered under this Act shall, Application of
notwithstanding anything in any other Act, be paid to posai^of^hings

N forfeited.

1/8 Public Health (London) Act, 1891.

Sect. 119. the sanitary authority and applied by them in aid of
their expenses in the execution of this Act, except that
any fine imposed on the sanitary authority shall be paid
to the county council.

(2.) All things forfeited under this Act may be sold
or disposed of in such manner as the court ordering the
forfeiture may direct.

This section reproduces s. 38 of the Nuisances Removal
Act, 1855; s. 105 of the Metropolis Management Act, 1862
(25 & 26 Vict. c. 102); and s. 18 of the Infectious Disease
(Prevention) Act, 1890 (53 & 54 Vict. c. 34). It corresponds
to s. 254 of the Public Health Act, 1875.

Some of the fines under the repealed Acts were payable to
the receiver of the metropolitan police district under the Act
relating to the metropolitan police courts, and were applied in
aid of the expenses of those courts ; see 2 & 3 Vict. c. 71.
Under the present Act a uniform rule has been adopted of
making all fines payable to the sanitary authority except those
imposed upon a sanitary authority, which are payable to the
county council.

Expenses of execution of the Act — These are provided for
as directed in s. 103, suj>ra, p. 154. Any property seized
under the Act may be disposed of according to the order of
the court, and may be applied in aid of the expenses of the
sanitary authority. The refuse collected, which is the property
of the sanitary authority, may be sold, and the money arising
from the sale must be applied in defraying the expenses of the
execution of the Act; s. 32, supra, p. 64.

It will be necessary to get an order of the court to direct
the manner of the disposal of things forfeited : this should be
done at the hearing of the complaint.

Proceedings in 120. — (i.) Where any nuisance under this Act ap-
certam cases pgars to be wholly or partially caused by the acts or
anceT "^^^ defaults of two or more persons, the sanitary authority
or other complainant may institute proceedings against
any one of such persons, or may include all or any two
or more of them in one proceeding ; and any one or
more of such persons may be ordered to abate the
nuisance, so far as it appears to the court having
cognizance of the case to be caused by his or their acts
or defaults, or may be prohibited from continuing any
acts or defaults which in the opinion of the court con-
tribute to the nuisance, or may be fined or otherwise
punished, notwithstanding that the acts or defaults of
anyone of such persons would not separately have caused
a nuisance ; and the costs may be distributed as to the
court may appear fair and reasonable.

Legal Proceedings.

179

(2.) Proceedings against several persons included in
one complaint shall not abate by reason of the death of
any among the persons so included, but all such pro-
ceedings may be carried on as if the deceased person had
not been originally so included.

(3.) Where some only of the persons by whose act of
default any nuisance has been caused have been pro-
ceeded against under this Act, they shall, without pre-
judice to any other remedy, be entitled to recover in a
summary manner from the other persons who were not
proceeded against a proportionate part of the costs of
and incidental to such proceedings and abating such
nuisance, and of any fine and costs ordered to be paid
by the court in such proceedings.

(4.) Whenever in any proceeding under the provisions
of this Act relating to nuisances it becomes necessary
to mention or refer to the owner or occupier of any
premises, it shall be sufficient to designate him as the
" owner " or " occupier " of such premises, without
name or further description.

This section reproduces ss. 33 to 35 of the Nuisances
Removal Act, 1855, and corresponds to s. 255 of the Public
Health Act, 1875.

Nuisances, — The provisions of this Act relating to nuisances
are contained in ss. 2 to 18, supra, pp. 2 to 41 ; see the
cases of Draper v. Sperring and Brown v. Bussell, supra,
pp. 16, 17; Guardians of Hendon v. Bowles, supra, p. 18.
As to procedure when the person causing the nuisance and
the owner and occupier of the premises are unknown, see
s. 8, supra, p. 27. As to procedure generally, s. 117, supra.

Costs distributed. — The court has power to divide the costs,
expenses and fines between persons by whose acts, defaults
or sufferance a nuisance exists under s. 11 (2), supra, p. 30.

Sub-section (3) of this section is an extension of the former
law, which only enabled persons entitled by law to contribution
to obtain their share from parties not before the court. This
extends a right to any person whose act, etc., jointly with
that of others causes the nuisance, to insist that all persons in
default shall bear their portion of the fine, expenses, and
costs.

The extended remedy here is only to recover in a summary
manner.

Owner or occupier — As to recovery of costs from the owner
or occupier, see 121, infra. As to disclosure by the occu-
pier of the owner's name and address when required by the
sanitary authority, see s. 116 (3), supra, p. 175.

N 2

owner or
occupier,

i8o Public Health (London) Act, 1891.

Sect. 121. 121.^ — Any costs and expenses which are recoverable
Recovery of "^^^^ ^^is Act by a sanitary authority from an owner of
expenses by premises may be recovered from the occupier for the
sanitary autho- time being of such premises ; and the owner shall allow
owner°^ the occupier to deduct any money which he pays under
this enactment out of the rent from time to time
becoming due in respect of the premises, as if the same
had been autually paid to the owner as part of the rent :
Provided that —

(a.) the occupier shall not be so required to pay
any further sum than the amount of rent
which either is for the time being due from
him, or which after demand from him of
such costs or expenses, and notice not to pay
any rent without first deducting the same, be-
comes payable by him, unless he refuses, on
the application of the sanitary authority, truly
to disclose the amount of his rent and the
name and address of the person to whom such
rent is payable ; but the burden of proof that
the sum demanded from. any such occupier is
greater than the aforesaid amount of rent shall
lie on such occupier ; and
(b.) nothing in this section shall affect any contract
between any owner and occupier of any pre-
mises whereby the occupier agrees to pay or
discharge all rates, dues, and sums of money
payable in respect of such premises, or shall
affect any contract whatsoever between land-
lord and tenant.

This section reproduces s. 96 of the Metropolis Management
Act, 1862 (25 & 26 Vict. c. 102), and s. 34 of the Sanitary
Act, 1866 (29 & 30 Vict. c. 90); and corresponds to s. 104 of
the Public Health Act, 1875.

Occupier for time being — The occupier for the time being
was held liable even where judgment had been recovered and
remained unsatisfied against the previous owner, who had
parted with his interest to the owner from whom the occupier
then held. Bermondsey Vestry v. Ramsey {i.Z'ji)^ L.R. 6 CP.
247.

As to the duty of the occupier to disclose the name and
address of the owner, see s. 116 (3), supra^ p. 175.

Owner. — This means the person for the time being receiving
the rack rent, whether on his own account or as agent or
trustee, or who would receive the same if the premises were let
at a rack rent: see ^. 141, infra.

As if actually paid to owner. — To prevent the landlord dis-

Legal Proceedings.

i8i

training, the occupier must actually have paid the rent to the Sect. 121.
sanitary authority ; the service of notice by the sanitary autho-
rity is not of itself sufficient protection. Ryan v. Tho7npson
(1868), L.R. 3 CP. 144.

A. was lessee for twenty-one years at a rack rent of a house
and shop : he occupied the shop and underlet the upper part
of the house to B. as a yearly tenant. The upper part was
shut off from the shop, and A. had no access to it. In the
upper part of the house was a privy, which was a nuisance in
consequence of its defective condition ; the sanitary authority
took proceedings to abate the nuisance against C., who re-
ceived the rent from A. as agent for A.'s landlord. It was
held that C. was not the "owner," as he did not receive the
rent from B., who was the occupier of the premises on which
the nuisance arose. Cook v. Montagu^ {\%']2)\..^. 7 Q.B. 418.

But the omission from this section of the words " from the
occupier," which were contained in s. 2 of the Nuisances
Removal Act, 1855, renders the decision no longer important
upon this point.

After demand. — If the demand is an order it must be under
the seal of the sanitary authority ; the notice not to pay must
be in writing signed by the clerk of the sanitary authority ;
s. 127, infra.

Costs and expenses. — As to the ordinary method of recover-
ing these, see s. 117, supra, p. 175 ; see also s. 11, supra, p. 29.

Contract to discharge all rates. — As to what is included in
this, see Thompson v. Lapworth, (1868) L.R. 3 CP. 149 ;
Wilkinson v. Colly er, (1884) 13 Q.B.D. i ; Aldridge v. Ferne^
(1886) 17 Q.B.D. 212 ; Batchelor v. Bigger, (1889) W.N. 52.

122. — A judge or justice of the peace shall not be justice to act
incapable of acting in cases arising under this Act by though mem-
reason of his being a member of any sanitary authority, aShority^or^^
or by reason of his being, as one of several ratepayers, liable to Con-
or as one of any other class of persons, liable in com- tribute,
mon with the others to contribute to or to be benefited
by any rate or fund, out of v^^hich any expenses incurred
by a sanitary authority are to be defrayed.

This section reproduces s. 2 of the Nuisances Removal Act,
1866 (29 & 30 Vict. c. 41), and corresponds to s. 258 of the
Public Health Act, 1875.

Disability of a judge or justice. — This removal of disability
of a judge is in consequence of the power to proceed in the
High Court or a county court ; see s. 117, supra, p. 176.

The owner (H.) of a farm in the parish of Edmonton,
bounded by the river Lee, entered into an agreement with the
Enfield Board of Health, under which H. received the sewage
of the Enfield district and disposed of it over his farm. After

1 82 Public Health (London) Act, 1891.

Sect. 122. a few months disagreements arose, and the Enfield Board took
legal proceedings against H. to enforce the agreement. While
these were still pending, H., after notice given to the board,
diverted the sewage from his farm through a pipe into the old
open channel or watercourse in the parish of Edmonton,
through which the sewage had been used to flow into the river
Lee. On this the Edmonton Local Board of Health threatened
proceedings against the Enfield Board for the nuisance, and
the Lee Conservancy took out summonses under their Act
against H. for having opened the pipe into the channel, etc.,
and for continuing the use of it. On the summonses coming
on for hearing, M., who was the chairman of the Enfield
Local Board, and had taken an active part in its proceedings,
sat with three other justices on the Bench. H. objected to
M. sitting as a justice, but he remained, and H. was convicted
in penalties. A rule for certiorari was then obtained for the
purpose of quashing the convictions on the ground that M.
was an interested justice. On showing cause, M. made
affidavit that, though he sat on the Bench, he took ' no part
until the other justices had unanimously determined to con-
vict H., when he, M., proposed a mitigation of the penalties,
and that he did not sign the conviction. It was held that M.
had such an interest as might give him a real bias in the
matter ; consequently he ought not to have sat as a justice, and
it was immaterial what part he really took in the matter, and
the court made the rule absolute, with costs, against M. Ji. v.
Meyer, (1875) i Q.B.D. 173.

A town council passed a resolution that steps should be
taken for the removal of a nuisance, and took out a summons
under the Public Health Act, 1875, against B. At the hear-
ing an order for the abatement of the nuisance was made,
and two justices who were present were members of the town
council when the resolution was passed. It was held that
the councillors who were justices had such an interest as
might give them a bias in the matter, that they ought not to
have sat as justices on the hearing of the summons, and that a
rule for a certiorari to quash the order must be made absolute.
V. Milledge, (1879) 4 Q.B.D 332.

Three justices who were members of the town council of a
borough, and as such had taken an active part in the making
of an order under the Dogs Act, 187 1 (34 & 35 Vict. c. 56),
sat to hear a complaint of non-observance of the order ; it
was held they had no such interest in the subject matter as to
oust their jurisdiction. R. v. Huntingdon, //., (1879)
4 Q.B.D. 522.

By a local Act for the improvement of a borough the corpora-
tion was made the authority for the execution of the Act, with
power to direct prosecutions for this purpose. An information
for an off*ence under the Act having been preferred by an officer
on behalf of the corporation ; a summons was issued upon it by

Legal Proceedings.

183

a justice who was also an alderman and member of the cor- Sect. 122«
poration, but came on for hearing before justices none of
whom was connected with the corporation. It was held, not-
withstanding, that such justices could not proceed with the
hearing of the summons, for it had been issued by one who
was virtually a prosecutor. R. v. Gibbon, (iZ2>o) 6 Q.B.D. 168.
That case was not followed, but disapproved in R. v. Handsley,
(1881) 8 Q.B.D. 383. In that case it was held that where by
a statute a member of the town council of a borough may act
as a justice of the peace in matters arising under the Act ; in
order to disqualify him from so acting, it is not sufficient to
show that, as a member of the town council, he has a pecuniary
interest in the result of the information or complaint, or that
the corporation of which he is a member are the prosecutors,
but it must be established that he has such a substantial
interest in the result of the hearing as to make it likely that he
has a real bias in the matter. The facts were as follows : —
An officer of a corporation appointed to collect the borough
rate obtained a summons against a ratepayer in arrear. In so
doing he acted in discharge of his duty, but on his own
responsibility, and without consulting the town council. At
the hearing the justice dismissed the summons, on the ground
that one of the sitting magistrates, being a town councillor, was
thereby disqualified from adjudicating upon the summons. It
was held, on a motion for a mandamus to the justices to hear
and adjudicate on the summons, that there was no ground for
supposing either substantial interest or likelihood of bias, and
consequently no disqualification.

The sanitary committee of the town council of Wakefield
passed a resolution directing the town clerk to prosecute S.
for exposing for sale meat unfit for human food ; at the hear-
ing of the information laid in pursuance of the resolution, S.
was convicted before four justices, one of whom was a member
of the sanitary committee and was present when the resolution
was passed. It was held that s. 258 of the Public Health Act,
1875, ^i^i i^ot remove the disqualification attaching to the
justice by reason of his having acted as a member of the
sanitary committee in directing the prosecution, and that a
rule must be made absolute to bring up and quash the convic-
tion. R. v. Lee, (1882) 9 Q.B.D. 394.

Any pecuniary interest in the subject-matter of the litiga-
tion, however slight, will disqualify a magistrate from taking
part in the decision of a case. If a magistrate has such a
substantial interest, other than pecuniary, in the result of the
hearing as to make it likely that he will have a bias, he is dis-
quahfied. R. v. Farrant, (1887) 20 Q.B.D. 58. See also
Leeson v. General Council of Medical Education, (1889) 43
Ch.D. 366.

. A justice may act in adjudicating on an offender against the
provisions respecting unsound food, whether he has or has not

i84 Public Health (London) Act, 1891.

=Se€t. 122. acted in ordering the animal or article to be destroyed or dis-
^ — posed of; s. 47 (7), supra^ p. 88.

Appearance of 123. — The county council or a sanitary authority
rit^in^le^al^*^" "^^^ appear before any court or in any legal proceeding
proceedings, by their clerk, or by any officer or member authorized
generally or in respect of any special proceeding by
resolution of such council or authority ; and their clerk,
or any officer or member so authorized, shall be at
liberty to institute and carry on any proceeding which
the county council or sanitary authority are authorized
to institute and carry on under this Act.

This section reproduces s. 5 of the Nuisances Removal Act,
1855, and s. 48 of the Sanitary Act, 1866, and corresponds to
s. 259 of the Public Health Act, 1875.

Legal proceedings — See as to these, s. 117, supra.
Officer or member authorized. — The evidence of authoriza-
tion will be, it would seem, a copy of the minute of the
resolution duly authenticated as required by s. 127, infra^ or
perhaps the production of the minute book.

Protection of 124. — No matter or thing done, and no contract
sanitary autho- entered into by the county council or any sanitary
officers from^ authority, and no matter or thing done by any member
personal of such council or authority, or by any officer of such
liability. council or authority or other person whomsoever acting
under the direction of such council or authority shall, if
the matter or thing were done or the contract were
entered into bona fide for the purpose of executing this
Act, subject them or any of them personally to any
action, liability, claim, or demand whatsoever ; and any
expense incurred by the county council or any such
authority, member, officer, or other person acting as last
aforesaid, shall be borne and repaid out of the rate ap-
plicable by that council or authority to the purposes of
this Act :

Provided that nothing in this section shall exempt
any member of the county council or of any such
authority from liability to be surcharged with the
amount of any payment which may be disallowed by
the auditor in the accounts of such council or authority,
and which that member authorized or joined in autho-
rizing.

This section reproduces s. 42 of the Nuisances Removal
Act, 1855, and corresponds to s. 265 of the Public Health
Act, 1875.

Legal Proceedings.

185

The effect of this section is only to relieve the members and Sect. 124.

officers of the county council and sanitary authorities from

personal liability for the acts, etc., done bona fide.

It does not remove any liability which the county council
or a sanitary authority, as such, is under, for acts, etc., done,
for which, apart from this section, they would be liable.

As to personal liability under this Act, see s. 30 (3),
supra^ p. 62.

Expense to be repaid out of rate. — As to the rates out of
which the sanitary authorities are to pay the expenses of the
execution of this Act, see s. 103, supra^ p. 154.

As to the limitations as to notice, etc., in actions against
vestries and district boards, see s. 106 of the Metropolis
Management Act, 1862.

Appeal,

125. — Any person who deems himself aggrieved by Appeal to
any conviction or order made by a court of summary quarter ses-
jurisdiction on determining any information or com-
plaint under this Act may, save as otherwise provided
in this Act, appeal therefrom to a court of quarter
sessions.

This section reproduces s. 231 of the Metropolis Manage-
ment Act, 1855 ; ss. 15, 16 and 40 of the Nuisances Removal
Act, 1855 ; and s. 6 of the Slaughter House Act, 1874
(37 & 38 Vict. c. 67) ; and corresponds to s. 269 of the
Public Health Act, 1875.

Appeal. — There is no power of appeal from the decision of
Justices unless it is given by the statute (as here) under which
the proceedings have been grounded. But under the Summary
Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 19, "where, in
pursuance of any Act, whether past or future, any person is
adjudged by a conviction or order of a court of summary
jurisdiction to be imprisoned without the option of a fine
either as a punishment for an offence, or, save as hereinafter
mentioned, for failing to do or to abstain from doing any act
or thing required to be done or left undone, and such person
is not otherwise authorized to appeal to a court of general or
quarter sessions, and did not plead guilty or admit the truth
of the information or complaint, he may, notwithstanding any-
thing in the said Act, appeal to a court of general or quarter
sessions against such conviction or order.

" Provided, that this section shall not apply where the im-
prisonment is adjudged for failure to comply with an order for
the payment of money, for the finding of sureties, for the enter-
ing into any recognizance or for the giving of any security."

Under 2 & 3 Vict. c. 71, s. 50, there is an appeal from every
decision of a metropolitan police magistrate if the judgment

i86 Public Health (London) Act, 1891. '

Sect. 125. imposes a sum exceeding ;^3, or imprisonment exceeding one -

month. I

The appeal under the present section, however, is quite '

general. ;

Proceedings on appeal. — These are governed by the Summary ■
Jurisdiction Acts. By s. 31 of the Act of 1879 (42 & 43 Vict. ■
c. 49), " where any person is authorized [by this Act or any I
future Act] to appeal from, the conviction or order of a court |
of summary jurisdiction to a court of general or quarter
sessions, he may appeal to such court subject to the condi- \
tions and regulations following : — ]

"(i.) The appeal shall be made to the prescribed court of j
general or quarter sessions, or if no court is prescribed to the 1
next practicable court of general or quarter sessions having :
jurisdiction in the county, borough, or place for which the
said court of summary jurisdiction acted, and holden not less
than fifteen days after the day on which the decision was given
upon which the conviction or order was founded : and

"•(2.) The appellant shall, within the prescribed time, or if no
time is prescribed within seven days after the day on which
the said decision of the court was given, give notice of appeal
by serving on the other party and on the clerk of the said \
court of summary jurisdiction notice in writing of his intention
to appeal, and of the general grounds of such appeal : and i

" (3.) The appellant shall, within the prescribed time, or if no i
time is prescribed, within three days after the day on which he i
gave notice of appeal, enter into a recognizance before a court j
of summary jurisdiction, with or without a surety or sureties, i
as that court may direct, conditioned to appear at the said j
sessions and to try such appeal, and to abide the judgment of j
the court of appeal thereon, and to pay such costs as may be ;
awarded by the court of appeal ; or the appellant may, if the 1
court of summary jurisdiction before whom the appellant
appears to enter into a recognizance think it expedient, instead
of entering into a recognizance, give such other security by
the deposit of money with the clerk of the court of summary
jurisdiction, or otherwise, as that court deem sufficient : and

" (4.) Where the appellant is in custody the court of summary
jurisdiction before whom the appellant appears to enter into a
recognizance may, if the court think fit, on the appellant ;
entering into such recognizance or giving such other security ■
as aforesaid, release him from custody : and i

"(5.) The court of appeal may adjourn the hearing of the '
appeal, and upon the hearing thereof may confirm, reverse or \
modify the decision of the court of summary jurisdiction, or j
remit the matter with the opinion of the court of appeal
thereon to a court of summary jurisdiction acting for the same j
county, borough, or place, as the court by whom the convic-
tion or order appealed against was made, or may make such j
other order in the matter as the court of appeal may think just, I

Appeal.

187

and may by such order exercise any power which the court of
summary jurisdiction might have exercised, and such order
shall have the same effect and may be enforced in the same
manner as if it had been made by the court of summary
jurisdiction. The court of appeal may also make such order
as to costs to be paid by either party as the court may think
just : and

" (6.) Whenever a decision is not confirmed by the court of
•appeal the clerk of the peace shall send to the clerk of the
court of summary jurisdiction from whose decision the appeal
was made, for entry in his register, and also endorse on the
conviction or order appealed against, a memorandum of the
decision of the court of appeal ; and whenever any copy or
certificate of such conviction or order is made, a copy of such
memorandum shall be added thereto, and shall be sufficient
evidence of the said decision in every case where such copy
or certificate would be sufiicient evidence of such conviction
or order : and

" (7.) Every notice in writing required by this section to be
given by an appellant shall be in writing, signed by him or by
his agent on his behalf, and may be transmitted as a registered
letter by the post in the ordinary way, and shall be deemed to
have been served at the time when it would be delivered in
the ordinary course of the post."

See R. V. Shtngler, (1886) 17 Q.B.D. 49; R. v. Glamorgan-
shire Justices^ (1889) 22 Q.B.D. 628.

As to the stay of proceedings pending an appeal, see s. 6,
supra J p. 24.

ConYiction or order. — There must be a conviction or order ;
if the complaint or information is dismissed, the complainant
cannot appeal under this section.

R. V. Middlesex Justices, (1881) 45 J.P. 420 ; R. v. Keepers
of the Peace and Justices of the County of London, (1890)
25 Q.B.D. 357.

By s. 2 of the Summary Jurisdiction Act, 1857 (20 & 21
Vict. c. 43), " after the hearing and determination by a justice
or justices of the peace of any information or complaint which
he or they have power to determine in a summary way by any
law now in force or hereafter to be made, either party to the
proceeding before the said justice or justices may, if dissatisfied
with the said determination as being erroneous in point of
law, apply in writing within three days after the same to the
lord justice or justices to state and sign a case setting forth
the facts and the grounds of such determination for the
opinion thereon of the High Court of Justice ; and such party,
hereinafter called Uhe appellant,' shall within three days
after receiving such case transmit the same to the court, first
giving notice in writing of such appeal, with a copy of the
case so stated and signed, to the other party to the proceeding

1 88 Public Health (London) Act, 1891.

Sect. 125. in which determination was given, hereinafter called 'the

respondent.' "

By the Summary Jurisdiction Act, 1879 (42 & 43 Vict,
e. 49), s. 33, " any person aggrieved who desires to question
a conviction, order, determination or other proceeding of a
court of summary jurisdiction, on the ground that it is
erroneous in point of law, or is in excess of jurisdiction, may
apply to the court to state a special case setting forth the facts
of the case and the grounds on which the proceeding is ques-
tioned, and if the court decline to state the case may apply to
the High Court of Justice for an order requiring the case to
be stated.

" The application shall be made and the case stated within
such time and in such manner as may be from time to time
directed by rules under this Act, and the case shall be heard
and determined in manner prescribed by rules of court made
in pursuance of the Supreme Court of Judicature Act, 1875,
and the Acts amending the same ; and subject as aforesaid, the
Act of the session of the twentieth and twenty-first years of the
reign of Her present Majesty, chapter forty-three, entitled ' An
Act to improve the administration of the law so far as respects
summary proceedings before justices of the peace,' shall, so
far as it is applicable, apply to any special case stated under
this section as if it were stated under that Act.

" Provided that nothing in this section shall prejudice the
statement of any special case under that Act."

The Summary Jurisdiction Rules, 1886, must be observed
as to time, etc. See Westmore v. Faine, (1891)1 Q.B. 482 ;
Edwards v. Roberts , (1891) i Q.B. 302 ; R. v. Glamoganshtre
Justices^ (1890) 24 Q.B.D. 675.

May appeal save as otherwise proYided. — Under s. 6 (2),
supra, p. 25, there is no appeal to quarter sessions against a
nuisance order unless it includes a prohibition or closing
order, or requires the execution of structural works. The
Public Health Act, 1875, s. 269, gives an appeal in all cases.
The restriction of appeal has been made in the above section
only where no structural works, and consequently no serious
expenses are involved, and where, on the other hand, the
delay pending appeal might be a serious evil.

Provisions as 126. — Any appeal to the county council against a
count^^council ^^^^^^ ^ sanitary authority under this Act

coun y counci . ^j^^jj conducted in accordance with sections two hun-
dred and eleven and two hundred and twelve of the
18 & 19 Vict. Metropolis Management Act, 1855, which sections, as
c. 120. modified by the Local Government Act, 1888, are set

out in the First Schedule to this Act.

The sections of the Metropolis Management Act are set
out, infra^ p. 218.

Appeal.

Appeal to the county council. — Appeals to the county Sect. 126.

council under this Act are given as to regulations, etc.,

respecting water-closets, etc., by s. 37 (5), supra, p. 70, and
s. 41 (3), supra, p. 76. As to drains, ditches, etc., by s. 43
(sX supra, p. 79. There is no appeal to the county council
from the commissioners of sewers ; s. 133 {a), infra.

Appeal to Local Government Board — There is an appeal to
the Local Government Board from the sanitary authority
under s. 96 (5), supra, p. 144, respecting dispensations as to
the requirements for the occupation of underground rooms.

There is also an appeal to the Local Government Board by
the sanitary authority or any person aggrieved against the
county council's bye-laws respecting offensive trades ; s. 19 (6),
supra, p. 42. See also s. 294 of the Public Health Act, 1875,
set out in Schedule L, infra, p. 218.

Notices.

127. — (i.) Notices, orders, and other such documents Authentication
under this Act shall be in writing ; and notices and notices, etc.
documents other than orders, when issued by the county
council or a sanitary authority, shall be sufficiently
authenticated if signed by their clerk or by the officer
by whom the same are given or served.

(2.) Orders shall be under the seal of the council or
authority duly authenticated.

This section reproduces s. 1 5 of the Diseases Prevention
Act, 1855 (18 & 19 Vict. c. 116), s. 222 of the Metropolis
Management Act, 1855, and s. 32 of the Nuisances Removal
Act, 1855 ; and corresponds to s. 266 of the Public Health
Act, 1875.

Orders. — Under s. 32 of the Nuisances Removal Act, 1855,
copies of orders were to be signed by the chairman of the
sanitary authority or a committee. Under the Public Health
Act, 1875, all orders may be authenticated by the clerk or
officer of the authority. But as orders under the Public
Health (London) Act, 1891, are of a formal character, they
must be under seal.

Writing. — " Expressions referring to writing shall, unless
the contrary intention appears, be construed as including
references to printing, lithography, photography, and other
modes of representing or reproducing words in a visible
form." — Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 20.

Seal. — The district boards and vestries which are sanitary
authorities under s. 99 of this Act were made bodies
corporate by s. 42 of the Metropolis Management Act, 1855,
and every such board and vestry has perpetual succession and

190 Public Health (London) Act, 1891.

Sect. 127. a common seal under that section. The county council of

London succeeded the Metropolitan Board of Works, which

was a body corporate with perpetual succession and a common
seal under s. 43 of that Act, and is incorporated and has a
common seal ; see ss. 2, 40, and 79 of the Local Government
Act, 1888 (51 & 52 Vict. c. 41), and s. 250 (i) of the Muni-
cipal Corporations Act, 1882 (45 & 46 Vict. c. 50).

Committee. — As to the power of committees under this Act
to serve and receive notices, see s. 99 (4), supra^ p. 148.

Service of 128. — (i.) Any notice, order, or other document re-

notices. quired or authorized to be served under this Act may-
be served by delivering the same or a true copy thereof
either to or at the usual or last known residence in
England of the person to v^hom it is addressed, or,
where addressed to the owner or occupier of premises,
then to some person on the premises, or, if there is no
person on the premises who can be so served, then by
fixing the same or a true copy thereof on some con-
spicuous part of the premises ; it may also be served by
sending the same or a true copy thereof by post ad-
dressed to a person at such residence or premises as
above mentioned.

(2.) Any notice required or authorized for the pur-
poses of this Act to be served on a sanitary authority
or on the county council shall be deemed to be duly
served if in writing delivered at, or sent by post to, the
office of the authority or council, addressed to such
authority or council, or their clerk.

(3.) Any notice by this Act required to be given to
or served on the owner or occupier of any premises may
be addressed by the description of the "owner" or
" occupier " of the premises (naming them) in respect
of which the notice is given or served, without further
name or description.

This section reproduces s. 15 of the Diseases Prevention
Act, 1855(18 & 19 Vict. c. 116), s. 221 of the Metropolis
Management Act, 1855, and s. 31 of the Nuisances Removal
Act, 1855 ; and corresponds to s. 267 of the Public Health
Act, 1875.

Under the Nuisances Removal Act, 1855, for the service
by post it was necessary that the letter should be registered,
and that the person served lived five miles from the office of
the authority.

Service of notices. — A committee appointed under this Act
may receive and serve notices under the Act ; s. 99 (4), supra^
p. 148.

Notices.

191

Owner. — As to the definition of owner, see s. 141, tJt/ra. Sect. 128.

Provisions for the recovery from the occupier of the

expenses of the sanitary authority due from the owner are
contained in s. 121, supra^ p. 180.

Miscellaneous Provisions.

129. — Sections two hundred and ninety-three to tv^^o Inquiries by
hundred and ninety-six of the Public Health Act, 1875, ^en^B^ard"'*
which are set forth in the First Schedule to this Act, 38&39Vict.
shall apply to all inquiries which the Local Govern- c. 55.
ment Board may make in pursuance of or for the pur-
poses of this Act.

These sections of the Public Health Act, 1875, are set out,
jnfra, pp. 217, 218.

Inquiries — The Local Government Board have power
under this Act to hold inquiries as to the sufificiency of the
number of sanitary inspectors appointed under s. 107, supra^
p. 161 ; as to default by a sanitary authority on complaint of
the county council under s. loi, supra^ p. 150, and for other
purposes.

130. — The forms in the Third Schedule to this Act, Forms.

or forms to the like effect, varied as circumstances may 42 & 43 Vict,
require, may, unless other forms are prescribed under ^' ^
the Summary Jurisdiction Act, 1879, be used and shall
be sufficient for all purposes.

This section reproduces s. 41 of the Nuisances Removal
Act, 1855, and corresponds in part to s. 317 of the Public
Health Act, 1875.

Forms. — The Lord Chancellor has power to make, rescind,
alter and add to rules in relation to the forms to be used
under the Summary Jurisdiction Acts, or any of them, by
s. 29 of the Summary Jurisdiction Act, 1879 (42 & 43 Vict,
c. 49).

131. — Where the whole or any part of any expense Provision for
incurred by the Lewisham District Board of Works, in apportionment
pursuance of the epidemic regulations, may, under this penTes^between
Act, be repaid to that board out of the metropolitan hamlet of
common poor fund, the amount to be so repaid when ^^ngp and
ascertained shall be apportioned between the hamlet of L^sham dis-
Penge and the remainder of the Lewisham district in trict.
proportion to the rateable value of such hamlet and
remainder, according to the valuation lists in force at

the date of the apportionment, and the amount

192 Public Health (London) Act, 1891.

Sect. 131. apportioned to the hamlet of Penge shall be repaid to
the district board by the board of guardians for the
Croydon Union out of the common fund of the union,
in pursuance of a precept of the Local Government
Board to be issued after the like proceedings and in the
like manner as in the case of a repayment from the
metropolitan common poor fund ; and the amount
apportioned to the remainder of the Lewisham district
shall be repaid to the district board out of the metro-
politan common poor fund.

The hamlet of Penge forms part of the district of the
Lewisham District Board of Works, and as such is, for
sanitary purposes, within the county of London. It is,
however, in the Croydon Union for poor-law purposes, and
the Croydon Union does not form part of the Metropolitan
Asylums District ; see note to s. 81 (2), supra, p. 127.

Metropolitan common poor fund. — See, as to formation and
application of this fund, note to s. 80 (3), supra, p. 126.

The amount expended under the epidemic regulations by a
sanitary authority in providing buildings, and two-thirds of the
salaries of officers and servants employed in such buildings, is
to be repaid to the sanitary authority from the metropolitan
poor fund ; s. 87, supra, p. 130.

Extent of Act. 132. — This Act shall (save as otherwise expressly
provided) extend only to London :

Provided that this Act shall extend to places else-
where so far as is necessary for giving effect to any pro-
visions thereof in their application to London and to
any places to which such provisions are expressly
applied.

London. — This means the administrative county of London ;
s. 141, infra.

Application of Act outside London. — Where a nuisance is
caused outside London and affects the inhabitants of a
district within London, the sanitary authority of that district
may take proceedings in respect of the nuisance as though it
occurred within their district ; s. 14, supra, p. 34, and ss. 108
and 115 of the Public Health Act, 1875, set out in
Schedule I., infra, pp. 213, 214.

The Metropolitan Asylum Managers are to continue to
maintain the wharves, landing-places, and approaches thereto
provided by them, whether within or without London ; s. 79
(t), supra, p. 124.

Children sent by the London School Board to one of their
industrial schools outside London are to be received into

Miscellaneous Provisions. 193

hospitals of the MetropoHtan Asylum Managers and deemed Sect. 132.
to be inhabitants of London ; s. 81, supra^ p. 126.

The medical officer of health, in the case of suspected
infection by milk supplied in his district from a dairy situate
without his district, has power to inspect and proceed in such
a case as if the dairy were situate within the district ; s. 71,
stcpra, p. 116.

The port of London extends beyond the county of London ;
see note to s. iii.

Under s. 112, supra, p. 168, the Local Government Board
may by order assign to the port sanitary authority any
powers, etc., of a sanitary authority under the Act, and may
extend to the port a bye-law made under the Act otherwise
than by the port sanitary authority.

City of London.

133. — In the application of this Act to the City of Application of
London the following modifications shall be made : Act to City.

{a.) There shall be no appeal under this Act from
the commissioners of sewers to the county
council :

{b) The bye-laws made by the county council
under this Act shall not extend to the city :

(c.) The county council shall not have power under
this Act to require the commissioners of
sewers to provide and maintain a building for
post-mortem examinations :

{d) The powers of the county council under this
Act to proceed in case of default of a sanitary
authority shall not extend to the com-
missioners of sewers.

City of London—The sanitary authority of the City of
London are the commissioners of sewers; s. 99, supra, p. 147.
They and not the county council are the authority in the City
of London respecting offensive trades ; s. 19 (10), supra, p. 43.

For the registration of dairies under s. 28, the mayor, com-
monalty and citizens acting by the council are the local
authority, and not the county council; s. 28 (4), supra, p. 59.

Appeal to the county council — The matters on which an
appeal from the sanitary authority to the county council is
provided are set out in the note to s. 126, supra, p. 188, which
section regulates appeals to the county council, and applies
for that purpose ss. 211 and 212 of the Metropolis Manage-
ment Act, 1855, under which section orders made by the
vestries and district boards can be appealed against, but not
those of the commissioners of sewers.

194 Public Health (London) Act, 1891. ;

Sect. 133. Bye-laws of the county counciL — The county council have 1
power to make bye-laws as to the removal of offensive matter !
through London, and as to closing cesspools and privies and '
the disposal of refuse, under s. 16 (2), supra, p. 36 ; as to 1
offensive trades, under s. 19 (4), supra, p. 42 ; as to water-
closets, etc., under s. 39. \
Post-mortem building. — The power of the county council to ■
require a sanitary authority to provide a building for the holding I
of post-mortem examinations is given by s. 90, supra, p. 134. ;

Default of sanitary authority. — Power is given to the county |

council to proceed as a sanitary authority on being satisfied !

that the latter has made default, by s. 100, supra, p. 149. The j

county council can make complaint to the Local Government i
Board that a sanitary authority have made default, and the

Local Government Board, on being satisfied as to default, etc., ;

may appoint the county council to perform such duty ; see s. |

•I 01. Power is given to the Local Government Board to 1

• . authorize an officer of the city police to take proceedings in |

case of default of the commissioners of sewers, under s. 134, \

infra. The provisions corresponding to those contained as to ]
other sanitary authorities in s. loi are provided by s. 135,
infra.

Power of city 134. — Where it is proved to the satisfaction of the \

ceedL^ce^tain ^^cal Government Board that the commissioners of j

cases against sev^ers have made default in doing their duty in rela- :
nuisances. tion to nuisances under this Act, the Board may
authorize any officer of police of the City of London to

institute any proceeding w^hich the commissioners might \
institute with regard to such nuisances, and that officer

may recover from the commissioners in a summary :
manner or in the county court or High Court any
expenses incurred by him, and not paid by the person

proceeded against. Such officer of police shall not for \
the purpose of this section be at liberty to enter any
house or part of a house used as the dv^^elling of any

person without either such person's consent or the \

warrant of a justice. j

This section preserves, as regards the City of London, the '

effect of s. 1 6 of the Sanitary Act, 1866 (29 & 30 Vict. c. 90), ;

as amended by s. 19 of the Sanitary Act, 1874 (37&38 Vict. \

c. 89). The power corresponding to that of the Local Govern- I
ment Board under this section is, as regards the other sanitary
authorities of London, vested in the county council ; s. 100,
supra, p. 149. As to the exclusion of the exercise of the county

council's powers in the city, see s. 133, supra, 193. This ,

present section corresponds to s. 106 of the Public Health j
Act, 1875.

City of London.

195

In the application of s. 19 to the City of London, the com- Sect. 134.
missioners of sewers are substituted for the county council ; — —
s. 19 (10), supra^ p. 43. It may be doubted, however, whether
that proviso will exclude the exercise within the City of London
of the powers conferred by s. 22, supra^ p. 50, on the county
council, should occasion arise.

Expenses. — As to the recovery of expenses, see s. 117,
supra, p. 175.

Warrant of justice. — This may be granted under s. 1 1 5 (3),
supra, p. 172.

135. — (i.) Where complaint is made to the Local Proceedings on
Government Board that the commissioners of sewers ^(J^a/Qove°n-
have made default in executing or enforcing any provi- ment Board of
sions of this Act, the Local Government Board, if satis- default of
fied, after due inquiry, that those commissioners have of'^^^g^g^'^^^^
been guilty of the alleged default, shall make an order
limiting a time for the performance of their duty in the
matter of such complaint. If the duty is not performed
by the time limited in the order, the order may be
enforced by w^rit of Mandamus, or the Local Govern-
ment Board may appoint some person to perform the
duty, and shall by order direct that the expenses of
performing the same, together with a reasonable
remuneration to the person appointed for superintending
the performance, and amounting to a sum specified in
the order, together with the costs of the proceedings,
shall be paid by the commissioners of sewers, and any
order made for the payment of such expenses and costs
may be removed into the High Court, and enforced as
an order of that court.

(2.) Any person so appointed shall, in the perform^
ance and for the purposes of the said duty, be invested
with all the powers of the commissioners of sewers
other than (save as herein-after provided) the powers
of levying rates ; and the Local Government Board
may by order change any person so appointed.

(3.) Any sum specified in an order of the Local
Government Board for payment of the expenses of
performing the duty of the commissioners of sewers,
together with the costs of the proceedings, shall be
deemed to be expenses properly incurred by those
commissioners, and to be a debt due from them, and
payable out of any moneys in their hands or the hands
of their officers, or out of any rate applicable to the
payment of any expenses properly incurred by the
commissioners (which rate is in this section referred to

O 2

196 Public Health (London) Act, 1891.

Sect. 135. as "the local rate"). If the commissioners refuse to
pay any such debt for a period of fourteen days after
demand, the Local Government Board may by order
empower any person to levy, by and out of the local
rate, such sum (to be specified in the order) as may, in
the opinion of the Local Government Board, be suffi-
cient to defray the debt, and all expenses incurred in
consequence of the nonpayment thereof.

(4.) Any person so empowered shall have the same
powers of levying the local rate, and requiring all
officers of the commissioners of sewers to pay over any
money in their hands, as the commissioners would have
in the case of expenses legally payable out of a local
. rate to be raised by them ; and the said person, after
repaying all sums of money so due in respect of the
order, shall pay the surplus, if any (the amount to be
ascertained by the Local Government Board), to or to
the order of the commissioners of sewers.

(5.) The Local Government Board may certify the
amount of expenses incurred, or an estimate of the
expenses about to be incurred, by any person appointed
by the Board under this section to perform the duty of
the commissioners ; also, the amount of any loan
required to defray any expenses so incurred, or esti-
mated as about to be incurred ; and the certificate of
the Board shall be conclusive as to all matters to which
it relates.

(6.) Whenever the Local Government Board so certi-
fies a loan to be required, that Board, or the person so
appointed, may, by any instrument duly executed,
charge the local rate with the repayment of the princi-
pal and interest due in respect of the loan, and every
such charge shall have the same effect as if the com-
missioners of sewers were empowered to raise the loan
on the security of the local rate, and had duly executed
an instrument charging the same on that rate.

(7.) Any principal money or interest for the time
being due in respect of a loan under this section shall
be a debt due from the commissioners of sewers, and,
in addition to any other remedies, may be recovered in
the manner in which a debt due from those com-
missioners may be recovered in pursuance of this
section.

(8.) The surplus (if any) of any such loan, after pay-
ment of the expenses aforesaid, shall, on the amount
thereof being certified by the Local Government Board,
be paid to or to the order of the commissioners of sewers.

City of London.

197

(9.) " Expenses/' for the purposes of this section, Sect. 135.
shall include all sums payable under this section by or
by the order of the Local Government Board, or the
person appointed by that Board.

This section reproduces s. 49 of the Sanitary Act, 1866
(29 & 30 Vict. c. 90), and s. 8 of the Sanitary Act, 1868
(31 & 32 Vict. c. 115), as amended by the Sanitary Loans
Act, 1869 (32 & 33 Vict. c. 100), and s. 20 of the Sanitary
Act, 1874 (37 & 38 Vict c. 89). For the corresponding pro-
visions of the Public Health Act, 1875, see ss. 299 to 302 of
that Act.

For the provisions similar to those contained in this section,
and which are applicable to the remainder of London, see
s. 1 01, supra, p. 150.

Complaint. — This may be made apparently by anybody, and
is not restricted, as in s. 10 1, to the complaint of the county
council.

After due inquiry — AH inquiries made by the Local Govern-
ment Board under this Act will be regulated by ss. 293 to 296
of the Public Health Act, 1875, set out infra in Schedule I.
of this Act. See s. 129, supra, p. 191. *

Local rate. — The expenses incurred by the commissioners
of sewers are to be defrayed out of their sewer rate and con-
solidated rate, or either of such rates ; s. 103, supra, p. 154.

For example of order made under the former Acts, see R. v.
Cocker ell, cited in note to s. loi, supra, p. 152.

Saving Clauses.

136. — Nothing in this Act shall be construed to Saving for
authorize any sanitary authority to injuriously affect the water rights,
navigation of any river or canal, or to divert or diminish,
any supply of water of right belonging to any river or
canal ; or to injuriously affect any reservoir, canal, river,
or stream, or the feeders thereof, or the supply, quality,
or fall of water, contained in any reservoir, canal, river,
stream, or in the feeders thereof, in cases where any
person would, if this Act had not been passed, have
been entitled by law to prevent or be relieved against
the injuriously affecting of such reservoir, canal, river,
stream, feeders, or such supply, quality, or fall of water,
unless the sanitary authority first obtain the consent in
writing of the person so entitled as aforesaid.

This section reproduces ss. 44 and 45 of the Nuisances
Removal Act, 1855, and corresponds to s. 332 of the Public
Health Act, 1875.

198 Public Health (London) Act, 1891.

Sect. 136. Injuriously affect — As to what would be included in these
~~ words, see Fletcher and Musgrave v. Smith, (1877) 2 App. Cas..

7S1, in which case it was laid down that where a person, "for
his own convenience, does something, e.g., diverts the course
of a stream, he must take care that the new course provided
for it shall be sufficient to prevent mischief from an overflow,
so that, even if that overflow should be directly and mainly
occasioned by an act of nature, his own conduct in not
forming the new and diverted course for the stream of form
and of sufficient capacity to carry off an accidental overflow of
water, even of an exceptional kind, will be matter for
consideration in determining the question of liability."

Every riparian proprietor has a right to the reasonable use
of the water flowing past his land, without regard to the effect
which such use may have in case of a deficiency upon
proprietors lower down the stream. Stockport Water
Company v. Potter, 3 H. & C. 300, 10 Jur. N.S. 1,005,
10 L.T.N.S. .748.

Every proprietor of land on the banks of a natural stream
has a right to use the water, provided he so uses it as not to
work any material injury to the rights of the proprietors above
o^ below him on the stream. Sami)son v. Hoddinott^
I C.B.N.S. 590, 3 Jur. N.S. 243, 26 L.J.C.P. 148.

The principles which regulate the rights of owners of land
in respect of water flowing in known and defined channels,
whether upon or below the surface of the ground, do not
apply to underground water which merely percolates through
the strata in no known channels.

Where, therefore, a landowner and a millowner who had for
above sixty years enjoyed the use of a stream which was
chiefly supplied by such percolating underground water, lost
the use of the stream after an adjoining owner had dug on his
own ground an extensive well for the purpose of supplying^
water to the inhabitants of the district, many of whom had no
title as landowners to the use of the water, it was held, that
the millowner had no right of action. Chasemore v. Richards,
7 H.L. Cas. 349 ; .5 Jur. N.S. 873 ; 29 L.J. Exch. 81, and
, Exch. Cham. 2 H. and N. 168 ; 3 Jur. N.S. 984; 26 L.J.
Exch. 393.

But no one has a right to use his own land in such a way as
to be a nuisance to his neighbour, and therefore, if a man puts
filth or poisonous matter on his land, he must take care that
it does not escape so as to poison water which his neighbour
has a right to use, although his neighbour may have no pro-
perty in such water at the time it is fouled. Ballard v. Tom-
linson, (1885) 29 Ch.D.* 115. In that case the plaintiff and
defendant were adjoining landowners, and had each a deep
well on his own land, the plaintiff' s being at a lower level than
the defendant's. The defendant turned sewage from his house
into his well, and this polluted the water that percolated

Saving Clauses.

underground from the defendant's to the plaintiffs land, and Sect. 136.

consequently the water which came into the plaintiff's well

from such percolating water when he used his well by pump-
ing, came adulterated with the sewage from the defendant's
well. It was held that the plaintiff had a right of action
against the defendant for so polluting the source of supply,
although, until the plaintiff had appropriated it, he had no
property in the percolating water under his land, and although
he appropriated such water by the artificial means of pump-
ing.

Entitled by law to prevent — A local board of health, in the
making of sewers, under ii & 12 Vict. c. 63, and 21 & 22
Vict. c. 98, injuriously affected a stream without having
obtained the consent of the occupier of a mill on the stream
and entitled to the flow of the stream to his mill. He
obtained a mandamus to the local board for compensation,
and made a claim for damages sustained in consequence of
the board opening the main sewer so as to allow the water of
the stream to flow through. It was held that 21 & 22 Vict,
c. 98, s. 73 (which was in almost identical terms with the
present section), was not confined to cases in which a court of
equity would grant an injunction against the local board, and
that the occupier of the mill was in the position of a person
who would, if the Act had not passed, have been entitled by
law to prevent the injuriously affecting the stream. R. v.
Darlington Local Board, 6 B. &S. 562; 35 L.J.Q.B. 45 ;
13 W.R. 789; 29 J.P. 419.

Although a landowner will not in general be restrained
from drawing off the subterranean waters in the adjoining
land, yet he will be restrained if, in so doing, he draws off the
water flowing in a defined surface channel through the
adjoining land.

Where a local board of health interferes with a watercourse
in a manner not authorized by their statutory powers, they
will be restrained from so doing, and the person injured will
not be left to a remedy under the compensation clause of the
Act. Grand Junction Canal Company v. Shugar, (1871) L.R.
6 Ch. 483.

Where any work which a sanitary authority does or requires
to be done for the purposes of s. 43 of this Act interferes
with or prejudicially affects any ancient mill or any right
connected therewith or other right to the use of water, the
authority shall make compensation to the persons sustaining
damage, or may purchase the mill or rights ; s. 43 (2) {b),
supra, P- 78.

137. — Nothing in this Act shall affect any power of Saving for
the Conservators of the Thames under the Thames Thames Con-
Navigation Act, 1870, or otherwise. 33'^&*34Vict.

c. cxlix.

200 Public Health (London) Act, 1891.

ttgct. 137. The port sanitary authority for the port of London are the
- mayor, commonalty and citizens of the City of London ; s. 1 1 1,

supra, p. 167. See, as to their powers, s. 112, supra, p. 168.

As to the maintenance of wharves and landing places on
the Thames by the Metropolitan Asylum Managers, see s. 79,
supra, p. 124.

" By virtue of, and under divers charters recognized and
confirmed by divers Acts of Parliament, the mayor and
commonalty and citizens of the City of London have had and
exercised the ofifice of bailiff and conservator of the water of
Thames," 14 Geo. III. c. 91.

The Conservancy of the Thames is now vested in the
Thames Conservancy Board under the Thames Conservancy
Acts, 1857 and 1864, 1866, 1879 (20 & 21 Vict. c. cxlvii,
27 & 28 Vict. c. 113, 29 & 30 Vict. c. 89, 42 & 43 Vict,
c. 73). These have been amended by the following Local
and Personal Acts : 30 & 31 Vict. c. ci, 33 & 34 Vict,
c. cxlix, 41 & 42 Vict. c. ccxvi, 46 & 47 Vict. c. Ixxix.

The Conservancy are also the authority for enforcing the
Thames Preservation Act, 1885 (48 & 49 Vict. c. 76), which,
among other things, is to prevent nuisances in the Thames
above Teddington.

Powers of Act 138. — All powers, rights, and remedies given by this
to be cumu- Act shall be in addition to and not in derogation of any
lative. other powers, rights, and remedies conferred by any Act

of Parliament, law, or custom, and all such other powers,
rights, and remedies may be exercised and put in force
in the same manner and by the same authority as if
this Act had not passed.

This section reproduces s. 43 of the Nuisances Removal
Act, 1855, and s. 55 of the Sanitary Act, 1866, and corre-
sponds to ss. Ill and 341 of the Pubhc Health Act, 1875.

The effect of this section would, it seems, not be to enable
the sanitary authority to proceed under this Act and also to
proceed under other powers against the same individual, but
to proceed under this Act or under any other powers they
may possess. Such a proviso is expressly made in s. 341 of
the Public Health Act, 1875.

Temporary Provisions,

Existing 139. — (i.) In the case of any medical officer of

officers. health or inspector of nuisances who holds office under
an appointment made before the commencement of this
Act (in this section referred to as an existing officer),
the provisions of this Act with respect to his salary and

Temporary Provisions.

201

tenure of office shall be qualified as follows ; that is to Sect,
say,

(a.) Where a portion of his salary is paid by the
county council out of the Exchequer contribu-
tion account, the Local Government Board
shall have the same powers as they have in
the case of a district medical officer of a poor
law union with regard to the qualification,
appointment, duties, salary, and tenure of
office of such officer :

(b.) In any other case the Local Government Board
may prescribe the qualification and duties of a
medical officer of health :

(c.) Subject to the said powers of the Local
Government Board, the sanitary authority
may make such payments as they think fit on
account of the remuneration and expenses of
such officer, and every such officer shall be re-
movable by the sanitary authority at their
pleasure :

(d.) Every such inspector of nuisances shall be
called a sanitary inspector.

(2.) The requirements of this Act with respect to the
qualification of medical officers shall not apply to
medical officers appointed before the first day of January
one thousand eight hundred and ninety-two ; and this
Act shall not prevent any person who at the commence-
ment of this Act is both a district medical officer of a
union and a medical officer of health from continuing
to hold those appointments in like manner as if this
Act had not been passed.

Medical officer of health. — The appointments of medical
officers of health in future will be governed by ss. 106 and 108
supra, pp. 158, 162.

As to the continuance in office of medical officers of health
appointed under the Acts repealed by this Act, see s. 142 (6),
infra.

Inspectors of nuisances — These are in future to be designated
sanitary inspectors \ their appointment in future will be
governed by ss. 107 and 108, supra, pp. 160, 162.

As to the continuance in office of inspectors appointed
under the Acts repealed by this Act, see s. 142 (6), infra.

Exchequer contribution account. — See note to s. 108, supra,
p. 164.

202 Public Health (London) Act, 1891.

Sect. 140. 140. — Those members of the Woolwich Local Board
Terrnofoffice ^^^^^ term of office, if this Act had not been passed,
of existing would have expired in the month of August in any
members of year, shall go out of office on the fifteenth day of April
Woolwich in the same year,
board.

Woolwich.^ — In Woolwich, which is a part of the county of
London, the sanitary authority is the local board of health;
s. 99 (i) {d\ supra, p. 147.

The provisions of the Public Health Act, 1875, set out
infra in Schedule II. to the present Act, except in so far as
they are superseded by this present Act, are extended to the
parish of Woolwich; s. 102, supra p. 153. In consequence
of the application to Woolwich of these provisions of the Public
Health Act, 1875, change of the date of the termination of
office of the members of the present board of health is neces-
sary, as by r. 59 of Schedule II. of the Public Health Act,
1875, one-third of the members of a local board are to go out
of office on the 15 th day April in each year.

Interpretation,

Interpretation 141. — In this Act, unless the context otherv^ise
of terms. requires^ —

The expression " London " means the administra-
tive county of London :

The expression " county council " means the
London County Council :

The expression " the Metropolitan Asylum Mana-
gers " means the Managers of the Metropolitan
Asylum District :

The expression " street " includes any highway, and
any public bridge, and any road, lane, footway,
square, court, alley, or passage, whether a
thoroughfare or not, and whether or not there
are houses in such street :

The expression " premises " includes messuages,
buildings, lands, easements, and hereditaments
of any tenure, whether open or enclosed,
whether built on or not, and whether public or
private, and whether maintained or not under
statutory authority ;

The expression "house" includes schools, also
factories and other buildings in which persons
are employed :

The expressions building " and " house " respec-
tively include the curtilage of a building or

Interpretation.

203

house, and include a building or house wholly Sect. 141.
or partly erected under statutory authority :

The expression " bakehouse " means any place in
which are baked bread, biscuits, or con-
fectionery, from the baking or selling of which
a profit is derived :

The expression " vessel " includes a boat and every
description of vessel used in navigation :

The expression " hospital " means any premises or
vessels for the reception of the sick, whether
permanently or temporarily applied for that
purpose, and includes an asylum of the Metro-
politan Asylum Managers :

The expression master " means, in the case of a
building or part of a building, a person in
occupation of or having the charge, manage-
ment, or control of the building, or part of the
building, and in the case of a house the whole
of which is let out in separate tenements, or
in the case of a lodging-house ,the whole of
which is let to lodgers, includes the person
receiving the rent payable by the tenants or
lodgers either on his own account or as the
agent of another person, and in the case of a
vessel means the master or other person in
charge thereof :

The expression " house refuse " means ashes,
cinders, breeze, rubbish, night-soil, and filth,
but does not include trade refuse :

The expression " trade refuse " means the refuse
of any trade, manufacture, or business, or of
any building materials :

The expression " street refuse " means dust, dirt,
rubbish, mud, road-scrapings, ice, snow, and
filth:

The expression " owner " means the person for the
time being receiving the rack-rent of the pre-
mises in connexion with which the word is
used, whether on his own account or as agent
or trustee for any other person, or who would
so receive the same if such premises were let
at a rack-rent :

The expression " rack-rent " means rent which is
not less than two-thirds of the full annual
value of the premises out of which the rent
arises ; and the full annual value shall be
taken to be the annual rent which a tenant

204 Public Health (London) Act, 1891.

Sect. 141. might reasonably be expected, taking one year

""^ with another, to pay for the premises, if the

tenant undertook to pay all usual tenant's ;
rates and taxes, and tithe commutation rent- I
charge (if any), and if the landlord undertook '
to bear the cost of the repairs, and insurance, '
and the other expenses (if any) necessary to ;
maintain the premises in a state to command i
such rent :

The expression " slaughterer of cattle or horses "

means a person whose business it is to kill any \
description of cattle, or horses, asses, or mules, !
for the purpose of the flesh being used as S
butcher's meat; and the expression ''slaughter- i
house " means any building or place used for I
the purpose of such business : ;

The expression " knacker " means a person whose

business it is to kill any horse, ass, mule, or i
cattle which is not killed for the purpose of
the flesh being used as butcher's meat ; and the
expression " knacker's yard " means any build- \
ing or place used for the purpose of such busi-
ness : I

The expression *' cattle " includes sheep, goats,

and swine : ;

The expression " source of water supply " means j
any stream, reservoir, aqueduct, pond, well, \
tank, cistern, pump, fountain, or other work or
means for the supply of water, whether actu- |
ally used or capable of being used for the ■
supply of water or not :

The expression " sanitary convenience " includes
urinals, water-closets, earth-closets, privies, and
any similar conveniences :

The expression " day " means the period between
six o'clock in the morning and the succeeding
nine o'clock in the evening :

The expression ** ash-pit " means any ash-pit, dust-
bin, ash-tub, or other receptacle for the deposit '
of ashes or refuse matter : j

The expression " cistern " includes a water-butt : |

The expression " dairy " includes any farm, farm- j
house, cowshed, milk-store, milk-shop, or other |
place from which milk is supplied, or in which 1
milk is kept for purposes of sale : I

The expression "dairyman" includes any cow- '
keeper, purveyor of milk, or occupier of a dairy. <

Interpretation.

205

Means. — The use of this word must be distinguished from Sect. 141.

that of " includes " in an interpretation clause. " In a definition

clause ' means ' has the effect of enacting that the word defined
in the Act shall in that Act have no other meaning except that
given to it in the interpretation clause ; " per Lord Esher,
M.R., in Gough v. Gough, (1891) 65 L.T. (N.S.), 112.

" The words ' shall include ' mean ' shall have the following
meanings in addition to its popular meaning ; ' " per Brett,
M.R., in Corporatioti of Portsmouth v. Smithy (1883) 13 Q.B.D.
at p. 195.

London — By s. 40 of the Local Government Act, 1888
(51 & 52 Vict. c. 41), the Metropolis was made an adminis-
trative county by the name of the administrative county of
London. By s. 100 of that Act the Metropolis meant the City
of London and the parishes and places mentioned in Schedules
A. B. and C. of the Metropohs Management Act, 1855, which
are set out infra.

It must be noticed, therefore, that throughout the Public
Health (London) Act, 1891, "London," which means "the
administrative county of London " must be distinguished from
the " county of London," which does not include in its area
the City of London, which is a county of a city itself ; see s.
40 (2) of the Local Government Act, 1888.

County Council. — The London County Council was created
by the Local Government Act, 1888, s. i ; the number of its
members is regulated by s. 40 (4) (5) of that Act. By s. 40
(8) of the same Act there were transferred to the London
County Council the powers, duties and liabilities of the Metro-
politan Board of Works, which ceased to exist, and the pro-
perty, debts and liabilities of that board were transferred to
the London County Council, who are the successors in law of
the Metropolitan Board of Works.

Metropolitan Asylum Managers — See note to s. 79, supra^
p. 126 j and ss. 55, 80, 81.

Street. — In this definition the word used is " includes " : so
that " street " will also mean what is popularly known as a
street in addition to what is " included " in the interpretation.

The words " whether or not there are houses in such street "
are not found in the interpretation clause of s. 4 of the Public
Health Act, 1875.

The use of the word " street " in the interpretation of
" street " is noticeable. The use of the new words gives effect
to the decision of Coverdale v. Charlton (see note to s. 29,
supra, p. 60, and s. 44 (2), supra, p. 83), where a highway
repairable by the inhabitants at large, and which had no houses
in it, was held to be a street within s. 4 of the Public Health
Act, 1875.

Certain ways six feet wide, communicating with the backs
of houses in an urban district, and used by the urban autho-

2o6 Public Health (London) Act, 1891.

Sect. IW. rity for the purpose of obtaining access to privies and ash-pits

in order to remove the contents thereof, were held to be

" passages," and therefore " streets " within the meaning of
s. 4 of the PubHc Health Act, 1875, which the urban authority
could prescribe the width of under s. 157 of that Act. i?. v.
The Local Board of Goole, (1891) 2 Q.B. 212.

A road ran from a turnpike road to a bridge, where it passed
into another parish, and was from that point repaired by the
local board of the parish as a highway. It was 900 feet long,
and had on the south side several houses, including the
appellant's house, abutting on it ; on the north side there was
none for 785 feet from the turnpike road. For the rest of its
course it was bounded on that side by a sewage farm belong-
ing to the rural authority, on which were two buildings. It
was a public highway. There was no evidence of formal
dedication of the road, but there was evidence of its use as a
public highway since 1835, and some evidence before 1835,
but none inconsistent with its having been an occupation road
or footpath. The justices held that although it was not a
street in the popular acceptation of the word, it was a street
within the meaning of s. 4 of the Public Health Act, 1875,
and the decision on this point was affirmed by the Queen's
Bench Division. Fenwick v. The Rural Sanitary Authority of
Croydon^ (1891) 2 Q.B. 216. See also Corporation of Ports-
mouth V. Smithy (1883) 13 Q.B.D. 184.

Where a builder made what is known as a builder's road,
which was made and coated with gravel and ballasted. The
footpaths were made with gravel and kerbed with granite. The
houses on either side of the road were not completed and
occupied, but the road was open for carriages and foot pas-
sengers. It was lighted by the parish, but had not been taken
to as a public road. It was held that the road was not the
less a "street" within the definitions in s. 250 of the Metro-
polis Management Act, 1855, and s. 112 of the Metropolis
Management Act, 1862, because it came within the definition
of a new street in the last-mentioned section. Hampstead
Vestry v. Hoopel, (1885) 15 Q.B.D. 652.

Premises — By s. 3 of the Interpretation Act, 1889 (52 & 53
Vict. c. 63), " the expression * land ' shall include messuages,
tenements and hereditaments, houses and buildings of any
tenure," unless a contrary intention appears in the Act in
which the word occurs.

See also definition of " owner " and notes thereon.

The words " whether maintained or not under statutory
authority " are new ; see^ as to their effect. Metropolitan Asylum
Managers v. Hill^ (1881) 6 Ap. Cass. 193. See also provi-
sions as to tents, vans, &c., s. 95, supra^ p. 141.

House. — A chapel registered as a place of religious worship,
which had not been consecrated, and of the land of which
there had been no dedication in perpetuity, was held to be a

Interpretation.

207

house within the meaning of 18 & 19 Vict. c. 120, s. 105. Sect. 141.

Caiger v. St. Mary, Islington, Vestry, 50 L.J. M.C. 59 ; 44 L.T.

605; 29 W.R. 538.; 45 J.P. 570.

A church has been held to be not a house within 18 & 19
Vict. c. 120, s. 105. Angell V . Paddington Vestry, L.R. 3
Q.B. 714; 37 L.J. M.C. 171; 16 W.R. 1,167; 9 B. & S.
496.

A consecrated church of the estabHshed Church of England
is not within the definition of "house" in 18 & 19 Vict,
c. 130, s. 105, because by reason of its consecration it becomes
by common law for ever incapable of being used as an habita-
tion for man ; but a leasehold chapel, to be used as a place of
religious worship by a congregation of Wesleyans, was held
to be a house within the definition in that section, and liable
as such for paving expenses of a new street. Wright v. Ligle,
(1885) 16Q.B.D. 379. As to what has been held to be a
building, see Richardson v. Brown, (1885) 49 J.P. 661.

Any vessel within the district of a sanitary authority is
subject to the jurisdiction of that authority as if it were a
house; s. no, supra, p. 166.

Bakehouse. — This definition is taken from definition (22) in
Schedule IV. of the Factory and Workshop Act, 1878 (41
Vict. c. 16).

• Master. — The master of a vessel, for the purposes of this
Act, is deemed the occupier of the vessel; s. no (2), supra,
p. 166.

House refuse ; trade refuse. — Clinkers produced in the fur-
naces of boilers belonging to an hotel, used to generate
steam for the purpose of supplying power for electric lighting
and for warming and cooking and other purposes of the hotel,
are not refuse of a trade, manufacture, or business. Vestry of
St. Martin's v. Gordon, (1891) i Q.B. 61.

Owner. — The definition of owner in the Nuisances Removal
Act, 1855, was slightly different from the definition in this
Act. Under the former Act the decision of Cook v.
Montagu, supra, p. 18, was given.

A. was owner in fee of certain lands, and entered into a
building agreement with B.^ by which B. agreed to build
certain houses on part of the land and lay out the remainder
as a garden for the exclusive use of the tenants of the houses,
and A. agreed to grant B. a lease of each house as it was built,
and to grant him a lease of the garden with the last house ;
and it was expressly agreed that B. should have no interest in
any house or land until a lease of it was granted. B. built
some of the houses, but not all, and laid out the garden ; and
A. subsequently sold the reversions of the houses which were
built to C.

It was held that A. was the owner of the land within the
meaning of the Metropolis Management Acts, 1855 and 1862

2o8 Public Health (London) Act, 1891.

,Scct. 141. (18 & 19 Vict. c. 120, and 25 & 26 Vict. c. 102), and was ,

— liable to the proportion of paving rate of the road passing the j

garden. Lady Holland v. Kensington Vestry, L.R. 2 CP. J

565 ; 36 L.J. M.C. 105 ; 17 L.T. (N.S.), 73 ; 15 W.R. 1,045 ; \

31 J. P. 758. See also Mayor of St. Helen's v. Riley, (1883) \

47J-P-47I- i
A receiver appointed by the court is not an " owner " within

the meaning of this section. Corporation of Bacup v. Smith, '

(1890) 44 Ch.D. 395.

See, as to cases of owner of churches and chapels, R. v. Zee,

4 Q.B.D. 75, and the cases cited under " house," supra,

p. 206.

Rack-rent. — The "full annual value" in this definition is
the same as the definition of " gross value" given in s. 4 of the j
Valuation (Metropolis) Act, 1869 (32 & 33 Vict. c. 67). !

Slaughterer of cattle or horses. — By a private Act which i

followed the words of the Markets and Fairs Clauses Act, 1847 \
(10 & II Vict. c. 14), it was enacted that "no person shall

slaughter any cattle or dress any carcase for sale as human food I

in any place other than " such slaughter-house as there de- i

scribed, and imposed a penalty for doing so. It was held that !

the enactment only applied to slaughtering beasts intended i

by the person slaughtering for sale as human food. jElias v. '■

Nightingale, 8 E. & B. 698. The effect of this decision is |

preserved by the words " a person whose business it is to \

kill." I

Knacker — In Colam v. Hall, (1871) L.R. 6 Q.B. 206, it i
was held that s. 9 of 12 & 13 Vict c. 92, which imposes a
penalty on any person who, having the management of any
place for the purpose of slaughtering horses or other cattle not ]
intended for butcher's meat, shall use, or permit to be used, \
any horse or other cattle brought to such place for the purpose
of being slaughtered, applies to a private as well as a licensed
slaughter-house. \

Day. — See note to s. 10, supra, p. 28.

Repeal.

142. — C^-) The Acts specified in the Fourth Schedule
eiSltm^ts in to this Act are hereby repealed to the extent speci- i
schedule. fied in the third column of that schedule, and shall be j
so repealed as from the date in that schedule mentioned, \
and where no date is mentioned as from the commence- j
ment of this Act ;
(2.) Provided that —

where any enactment in the said schedule ex-
tends beyond London, such enactment shall \
not unless otherwise expressed be deemed to |

Repeal.

209

be hereby repealed, so far as it applies beyond Sect. 142.
London :

ip.) all securities given under and all orders, bye-
laws, rules, regulations, and notices duly made
or issued under or having effect in pursuance
of any Act hereby repealed shall be of the
same validity and effect as if they had been
given, made, or issued under this Act, and any
penalties recoverable under any such order,
bye-law, rule, regulation, or notice may be
recovered as if they were imposed by bye-
laws under this Act.

(3.) Where the county council or a sanitary authority
are required by this Act to make bye-laws for any
purpose for which there are no bye-laws of the council
or authority in force at the commencement of this Act,
the first bye-laws made by the county council or sani-
tary authority for that purpose under this Act shall be
submitted to the Local Government Board for sanction
not later than six months after the commencement of
this Act.

(4.) Any enactment expressed in the Fourth Schedule
to this Act to be repealed as from the coming into
operation of any bye-law made for the like object shall,
although no such bye-law is made, be repealed on the
expiration of twelve months next after the commence-
ment of this Act, or such later day, not exceeding
eighteen months from such commencement, as may be
fixed by Order in Council.

(5.) For the removal of doubts it is hereby declared
that so much of the Public Health Act, 1875, as re- 38 & 39 Vict,
enacts sections fifty-one and fifty- two of the Sanitary 29 & 30 Vict
Act, 1 866, and sections thirty-four to thirty-six of the c. 90.
Public Health Act, 1872, extends to London. 35 & 36 Vict.

c 70

(6.) Officers appointed under any enactment hereby
repealed shall continue in office in like manner as if
they were appointed in pursuance of this Act, subject
nevertheless to the provisions of this Act respecting
existing officers.

(7.) Where in any enactment or in any order made
by a secretary of State or by the Local Government
Board, and in force at the time of the passing of this
Act, or in any document, any Act or any provisions of
an Act are mentioned or referred to which relate to
London and are repealed by this Act, such enactment,
order, or document shall be read as if this Act or the

2IO Public Health (London) Act, 1891.

Sect. 142. corresponding provisions of this Act were therein
mentioned or referred to instead of such repealed pro-
visions, and as if a sanitary authority under this Act
were substituted for any nuisance authority mentioned
'm such repealed provisions.

Date of repeal._By s. ii of the Interpretation Act, 1889
(52 & 53 Vict. c. 63), where an Act passed after the year
1850 repeals a repealing enactment it does not revive any
enactment repealed unless words having that effect are added ;
and where an Act passed after 1850 repeals any former enact-
ment and substitutes provisions for the enactment repealed,
the repealed enactment will remain in force until the substi-
tuted provisions come into operation.

The enactments with special dates for their repeal are those
referred to in sub-section (4) of this section as repealed from
the coming into operation of bye-laws made for the like effect.
They are 57 Geo. 3, c. xxix, s. 64; 2 & 3 Vict. c. 47, s. 60;
18 & 19 Vict. c. 120, ss. 126, 202.

Enactments inconsistent with this Act are by implication
repealed by this Act without express enactment. £>ean of Ely
V. Bliss, 5 Beav. at p. 582 ; Daw v. Metropolitan Board of
Works, 12C.B. N.S. 161, 31 L.J.C.P. 223 ; R. v. Middlesex
Justices, 2 B. & Ad. 818.

A local Act is not, in the absence of indication to the con-
trary, repealed by a subsequent public general Act. Fitz-
gerald V. Champneys, 2 John. & H. 31.

A clause in a public Act will, however, repeal a clause in a
previous private Act which is quite inconsistent with it. Great
Central Gas Consumers v. Clarke, 13 C.B. N.S. 838 ; but see
Hillv. Hall, I Ex.D. 411.

Liability under repealed enactments. — The Nuisances Re-
moval Act, 1855 (18 & 19 Vict. c. 121), was, except as regards
London, repealed by the Public Health Act, 1875, and
s. 343 of the latter Act contained a proviso that the " repeal
shall not affect any right or liability acquired, accrued, or
incurred under any enactment hereby repealed."

An order having been made on May 24, 1875, to dis-
continue an offence under the Nuisances Removal Act, 1855,
the respondent was afterwards summoned before the justices
for having, on August 12, 1875, disobeyed the order made
under the earlier Act, which was repealed (as stated above)
on August II. It was held that the order was a liabiHty
within the proviso, and was in force notwithstanding the
repeal of the statute under which it was made. Barries v.
Eddlestone, i Ex.D. 102.

Where after an action had been brought a statute has been
passed, the law as it existed when the action was commenced
must decide the rights of the parties unless the legislature
express a clear intention to vary the relation of litigant parties

Repeal.

211

to each other ; Hitchcock v. Way, 6 A. & E. 943. After the Sect. 142.
repeal of a statute the court can order the payment of costs of
a case decided under the statute before the repeal ; Restall v.
London and South Western Railway Co., L.R. 3 Ex. 141.

But apart from express enactment, an action depending on
the words of a statute which is repealed while the action is
pending cannot be proceeded with : Miller's case, i Wm. BL
451; R. V. Denton. 18 Q.B. 761; and R. v. Mackenzie^
R. & R.C.C. 429.

Public Health Act, 1875. — This Act by its repealing section
(343) repeals the Acts set out in its Fifth Schedule, parts i and
2, " with the following qualification (that is to say) : That so
much of the said Acts as is set forth in the third part of that
Schedule shall be re-enacted in manner therein appearing, and
shall be in force as if enacted in the body of this Act."

In the third part of that Schedule occur ss. 51 and 52 of
the Sanitary Act, 1866 (29 & 30 Vict. c. 90) ; and ss. 34 to 36
of the Public Health Act, 1872 (35 & 36 Vict. c. 79.) . The
sections are set out infra, in the Appendix.

Officers under repealed Acts. — Provision is made in s. 139,
supra, p. 200, as to the salary and tenure of office of medical
officers of health and sanitary inspectors appointed under the
repealed Acts.

143. — This Act shall come into operation on the first Commence^
day of January next after the passing thereof. "^^^^

144. — This Act may be cited as the Public Health Short Title..
(London) Act, 1891.

SCHEDULES.

FIRST SCHEDULE.

Enactments Applied.

Section 33 of the Metropolis Water Act, 1Z71. . 34 & 35 Vict.

33. — The absence in respect of any premises of prescribed fittings Absence of
after the prescribed time shall be a nuisance, within section 1 1 proper water
and sections 12-19 (inclusive) of the Nuisances Removal Act for fittings in pre-
England, 1855, and within all provisions of the same or any other "^^ses to be a
Act applying, amending, or otherwise relating to those sections ; nuisance,
and that nuisance, if in any case proved to exist, shall be presumed
to be such as to render the premises unfit for human habitation
within section 13 of the Nuisances Removal Act for England,
1855, unless and until the contrary is shown to the satisfaction of
the justices acting under that section.

Nuisance. — The provisions of the Public Health (London) Act, 1891,
by which the absence of water fittings is declared to be a nuisance, are
contained in s. 2 (i) (/), siipra^ p. 2.

Sections 108 and 115 of the Public Health Act, 1875, relatiftg to 38 & 39 Vict.

Nuisances out of the District. c. 55.

108. — Where a nuisance under this Act within the district of a Power to pro-
local authority appears to be wholly or partially caused by some ceed where
act or default committed or taking place without their district, the cause of nuis-
local authority may take or cause to be taken against any person ^i^ce arises
in respect of such act or default any proceedings in relation to without dis-
nuisances by this Act authorized, with the same incidents and con-
sequences, as if such act or default were committed or took place
wholly within their district ; so, however, that summary proceed-
ings shall in no case be taken otherwise than before a court having
jurisdiction in the district where the act or default is alleged to be
committed or take place.

This section shall extend to the metropolis so far as to authorize
proceedings to be taken under it by any nuisance authority in the
metropolis in respect of any nuisance within the area of their
jurisdiction caused by an act or default committed or taking place
within the district of a local authority under this Act ; or by any
such local authority, in respect of any nuisance within their
district caused by an act or default committed or taking place
within the jurisdiction of any such nuisance authority.

214 Public Health (London) Act, 1891.

Application to London. — The extension of this section to London is
continued by s. 14 of the Public Health (London) Act, 1891, supra^ p. 34.

Power to pro- 115. — Where any house, building, manufactory, or place which is
ceed where certified in pursuance of the last preceding section to be a nuisance
nuisance arises or injurious to the health of any of the inhabitants of the district
from offensive of an urban authority is situated without such district, such urban
'th^" t authority may take or cause to be taken any proceedings by that
distriV section authorized in respect of the matters alleged in the certifi-

cate, with the same incidents and consequences, as if the house,
building, manufactory, or place were situated within such district ;
so, however, that summary proceedings shall not in any case be
had otherwise than before a court having jurisdiction in the
district where the house, building, manufactory, or place is
situated.

This section shall extend to the metropolis so far as to authorize
proceedings to be taken under it by any nuisance authority in the
metropolis in respect of any house, building, manufactory, or place
which is certified as aforesaid to be a nuisance or injurious to the
health of any of the inhabitants within the area of their jurisdiction,
and is situated within the district of a local authority under this
Act ; or by any urban authority in respect of any house, building,
manufactory, or place which is certified as aforesaid to be a
nuisance or injurious to the health of any of the inhabitants of
their district, and is situated within the jurisdiction of any such
nuisance authority.

Application to London. — The extension of this section to London is
continued by s. 21 (5) of the Public Health (London) Act, 1891, supra,
p. 49.

38 & 39 Vict. Sections 130, 134, 135, and 140 of the Public Health Act, 1875,
c. 55. and section 2 of the Public Health Act, 1889, relating to regu-

52 & 53 Vict. lations and 07-ders of the Local Government Board with
64. respect to cholera^ or other epidemic, endemic^ or infectious

diseases.

These sections (130, 134, 135, and 140) of the Public Health Act, 1875,
as explained by s. 2 of the Public Health Act, 1889, are applied to London
by s. 113 of the Public Health Act (London) Act, 1891. note to that
section, supra, p. 169.

Power of Local 1 30. — The Local Government Board may from time to time
Government make, alter, and revoke such regulations as to the said Board may
Board to make seem fit, with a view to the treatment of persons affected with
regulations. cholera, or any other epidemic, endemic, or infectious disease, and
preventing the spread of cholera and such other diseases as well
on the seas, rivers, and waters of the United Kingdom, and on the
-high seas within three miles of the coasts thereof, as on land ; and
. may declare by what authority or authorities such regulations shall
be enforced and executed. Regulations so made shall be pub-
lished in the London Gazette, and such publication shall be for
all purposes conclusive evidence of such regulations.

Any person wilfully neglecting or refusing to obey or carry out
or obstructing the execution of any regulation made under this
section shall be liable to a penalty not exceeding fifty pounds.
Explanation of 2. — (i.) Regulations of the Local Government Board made in
powers of relation to cholera and choleraic diarrhoea in pursuance of section
Local Govern- one hundred and thirty of the Public Health Act, 1875, n^^y pro-
ment Board to vide for such regulations being enforced and executed by the
make regula- officers of Customs as well as by other authorities and officers, and
tions.

First Schedule.

215

without prejudice to the generality of the powers conferred by the
said section may provide for the detention of vessels and of
persons on board vessels, and for the duties to be performed by
pilots, masters of vessels, and other persons on board vessels ;

(2.) Provided that the regulations, so far as they apply to the
officers of Customs, shall be subject to the consent of the Com-
missioners of Her Majesty's Customs ;

(3.) The officers of Customs, for the purpose of the execution of
any powers and duties under the said regulations, may exercise
any powers conferred on such officers by any other Act.

Regulations. — The Local Government Board under this section are to
declare what sanitary authorities are to enforce the regulations. And it
is the duty of such sanitary authorities to see to the execution of the . ' ~
regulations.

The regulations under s. 134, infra^ are to be enforced as directed in
s. 82 of the Act, supra, p. 127.

See as to the Port Sanitary Authority of London, ss. ill and 112,
supra, pp. 167, 168.

Penalty. — As to the recovery of fines and penalties j<?£? s. 117, supra,
p. 175, and as to the application of fines, &c., see s. 119, supra.

134. — Whenever any part of England appears to be threatened Power of

with or is affected by any formidable epidemic, endemic, or Local Govern-

infectious disease, the Local Government Board may make and ment Board to

from time to time alter and revoke regulations for all or any of the make regula-

foUowing purposes : (namely,) P^^"

vention of

(i.) For the speedy interment of the dead ; and diseases,
(2.) For house to house visitation ; and

(3.) For the provision of medical aid and accommodation, for
the promotion of cleansing, ventilation, and disinfection,
and for guarding against the spread of disease ;

and may by order declare all or any of the regulations so made to
be in force within the whole or any part or parts of the district of
any local authority, and to apply to any vessels, whether on inland
waters or on arms or parts of the sea within the jurisdiction of the
Lord High Admiral of the United Kingdom or the commissioners
for executing the office of the Lord High Admiral for the time
being, for the period in such order mentioned ; and may by any
subsequent order abridge or extend such period.

This section re-enacts ss. 5, 6, and 11 of the Diseases Prevention Act,
1855 (18 & 19 Vict. c. 116), which Act, although repealed except as to
London by the Public Health Act, 1875, still remained in force as to
London until repealed by the Public Health (London) Act, 1891, s. 142, \
supra, p. 208.

The authority for enforcing these regulations is the sanitary authority as
directed in 3. 82 of the Act, supra, p. 127.

135. — All regulations and orders so made by the Local Govern- Pubhcation of
ment Board shall be published in the London Gazette, and such regulations and
publication shall be conclusive evidence thereof for all purposes. orders.

This section reproduces s. 7 of the Diseases Prevention Act, 1885 ; see
note to s. 134, supra.

Conclusiye evidence. — As to receiving the Z^jw^/ijw G'a^c?//^ in evidence,
see R. v. Lowe, 52 L.J. M.C. 122 ; 48 L.T. (N.S.) 768 ; 47 J. P. 535.

2i6 Public Health (London) Act, 1891.

Penalty for 140.— Any person who —

violating or (j,) Wilfully violates any regulation so issued by the Local

obstructing the Government Board as aforesaid ; or,

execution ot ^2.) Wilfully obstructs any person acting under the authority

regu a ions. .^^ ^j^^ execution of any such regulation,

shall be liable to a penalty not exceeding five pounds.

This section reproduces s. 14 of the Diseases Prevention Act, 1855 ; see
note to s. 134.

Penalty. — As to the recovery of penalties, sees. 117, supra, p. 175. A?
tp the application of penalties, see s. 119, supra, p. 177.

38 & 39 Vict. Sections 182-186 of the Public Health Act, 1875, relating to bye-
^' 55- laws.

These sections (182 to 186) of the Pubhc Health Act, 1875, apphed
to London by s. 114 of the Public Health (London) Act, 1891, supra, p.
1 70, where see the purposes for which bye-laws may be made.

Authentication 182.— All bye-laws made by a local authority under and for the
and alteration purposes of this Act shall be under their common seal ; and any
of bye-laws. such bye-law may be altered or repealed by a subsequent bye-law
made pursuant to the provisions of this Act : Provided that no
bye-law made under this Act by a local authority shall be of any
' V- effect if repugnant to the laws of England or to the provisions of

■ this Act.

Common seal. — In addition to being under the common seal of the
authority, bye-laws must be allowed and confirmed by the Local Govern*
ment Board under s. 184, infra.

Bye-laws not to be repugnant to the laws of England.— The
bye-laws can be made only for the purposes specified in the Act, and not
generally for the purposes of the Act. See R. v. Rose, 24 L.J. M.C. 130 ;
I Jur. N.S. 802; R. V. Wood, 5 E. & B. 49.

Although the bye-laws may be for purposes authorized by the Act, yet
they must be reasonable : as to what is reasonable, see fohnson v. Mayor
of Croydon, (1886) 16 Q.B.D. 708 ; and R. v. Powell, 51 L.^T. (N.S.)
48 J. P. 740; Munrov. Watson, 1887, W.N. 60; Everett v. Grapes, 3
L.T. 669.

A bye- law may be good in part and bad in part if the two parts are
distinct from each other and separately entire, R. v. Faversham, 8 T.R.
352 ; and may be enforceable as to the valid part, R. v. Lundie, 31 L.J.
M.C. 157, 8 Jur. N.S. 640, 5 L.T. 830, 10 W.R. 267.

Repeal. — Every bye-law may be repealed by the same body which
made it. R. v. Ashwell, 12 East. 22.

Power to im- 183. — Any local authority may, by any bye-laws made by theni
pose penalties under this Act, impose on offenders against the same such reason-
on breach of able penalties as they think fit, not exceeding the sum of five
bye-laws. pounds for each offence, and in the case of a continuing offence a
further penalty not exceeding forty shillings for each day after
written notice of the offence from the local authority ; but all such
bye-laws imposing any penalty shall be so framed as to allow of
the recovery of any sum less than the full amount of the penalty.

RecoYcry of Penalties. — This is provided for by s. 117, supra, p. 175 ;
and the application of penalties is governed by s. 119, stlpra, p. 177.

Confirmation 184. — Bye-laws made by a local authority under this Act shall
of bye-laws, not take effect unless and until they have been submitted to, and-

First Schedule.

217

confirmed by, the Local Government Board, which Board is
hereby empowered to allow or disallow the same as it may think
proper ; nor shall any such bye-laws be confirmed —

Unless notice of intention to apply for confirmation of the
same has been given in one or more jof the local news-
papers circulated within the district to which such bye-
laws relate, one month at least before the making of such
apphcation ; and
Unless for one month at least before any such application a
copy of the proposed bye-laws has been kept at the office
of the local authority, and has been open during office
hours thereat to the inspection of the ratepayers of the
district to which such bye-laws relate, without fee or
reward.

The clerk of the local authority shall, on the application of any
such ratepayer, furnish him with a copy of such proposed bye-laws
or any part thereof, on payment of sixpence for every hundred
words contained in such copy.

A bye-law required to be confirmed by the Local Government
Board shall not require confirmation, allowance, or approval by
any other authority.

Confirmed by the Local GoYernment Board. — This confirmation
will not make the bye-laws valid if otherwise not valid, nor will it prevent
inquiry as to their validity. R, v. Rose (or Wood)^ supra ; Johnson v.
Mayor of Croydon, {i^Z6) 16 Q_.B.T>. ^o2,.

185. — All bye-laws made by a local authority under this Act, or Bye-laws to be
for purposes the same as, or similar to, those of this Act under printed, &c.
any local Act, shall be printed and hung up in the office of such

authority ; and a copy thereof shall be delivered to any ratepayer
of the district to which such bye-laws relate, on his application for
the same.

186. — A copy of any bye-laws made under this Act by a local Evidence of
authority, signed and certified by the clerk of such authority to be bye-laws.

a true copy and to have been duly confirmed, shall be evidence,

until the contrary is proved, in all legal proceedings of the due . .

making, confirmation, and existence of such bye-laws without

further or other proof.

Sections 293-296 of the Public Health Act, 1875, relating to 38 & 39 Vict.
Inqtiiries of the Local Gov eminent Board. c. 55.

293. — The Local Government Board may from time to time Power of Board
cause to be made such inquiries as are directed by this Act, and to direct in-
such inquiries as they see fit in relation to any matters concerning quiries.
the public health in any place, or any matters with respect to
which their sanction, approval, or consent is required by this Act.

This and the three following sections of the Public Health Act, 1875,
are applied to London by s. 129 of the Public Health (London) Act, 1891.
They are also applied to inquiries held by the Local Government Board
under the Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70),
s. 85.

Inquiries directed by the Act— For the inquiries directed by the Act
see s. loi, supra, p. 150, s. 107, supra, p. 161, and s. 129, supra, p. 191.
It would seem that as ss. 293 to 296 of the Public Health Act 1875, are

2i8 Public Health (London) Act, 1891,

not incorporated into the Public Health (London) Act, 1891, but only
applied for the purposes of the inquiries under that Act, their operation
will not extend to authorizing the Local Government Board to hold in
London "such inquiries as they see fit in relation to any matters concern-
ing the public health."

Orders as to 294. — The Local Government Board may make orders as to the
costs of m- costs of inquiries or proceedings instituted by, or of appeals to,
quiries. the said Board under this Act, and as to the parties by whom or

the rates out of which such costs shall be borne ; and every such
order may be made a rule of one of the superior courts of law on
the application of any person named therein.

Rules of court. — Rules of court whereby any sum of money or any
costs, charges, or expenses shall be payable to any person, shall have the
effect of judgments in the superior courts of common law, and the persons
to whom any such share shall be payable shall be deemed judgment
creditors with the meaning of the Act ; s. 18 of i & 2 Vict. c. iio.

Orders of 295.— All orders made by the Local Government Board in

Board under pursuance of this Act shall be binding and conclusive in respect of
fi,,. A«4. the matters to which they refer, and shall be published in such

manner as that Board may direct.

296. — Inspectors of the Local Government Board shall, for the
purposes of any inquiry directed by the Board, have in relation to
witnesses and their examination, the production of papers and
accounts, and the inspection of places and matters required to be
inspected, similar powers to those which poor law inspectors have
under the Acts relating to the relief of the poor for the purposes of
those Acts.

The inspectors have power to require the attendance of witnesses either
to give evidence or to produce books, writings, &c., and have power to
examine witnesses, and for the purpose to administer an oath or affirmation
(10 & II Vict. c. 109, s. 11).

Powers of in-
spectors of
Local Govern-
ment Board.

18 & 19 Vict. Sections 211 and 212 of the Metropolis Management Act^ 1855,
c. 120. relatifig to Appeals to London County Council,

Power to ^ ^ ' • — person who deems himself aggrieved by any order of

appeal against ^^Y vestry or district board in relation to the level of any building,
orders and acts or any order or act of any vestry or district board in relation to
of vestries and the construction, repair, alteration, stopping or filling up, or

district boards demolition of any building, sewer, drain,

in relation to ... , may, within seven days after notice of any such order to
constmction of the occupier of the premises affected thereby, or after such act,
works. appeal to the county council against the same ; and all such

appeals shall stand referred to the committee appointed by such
council for hearing appeals as herein provided ; and such com-
mittee shall hear and determine all such appeals, and may order
any costs of such appeals to be paid to or by the vestry or district
board by or to the party appealing, and may, where they see fit,,
award any compensation in respect of any act done by any such
vestry or district board in relation to the matters aforesaid ; pro-
vided that no such compensation shall be awarded in respeqt of
any such act which may have been done under any of the pro-
visions of this Act on any default to comply with any such order
as aforesaid, unless the appeal be lodged within seven days after

First Schedule.

219

notice of such order has been given to the occupier of the premises
to which the same relates.

For other provisions of the Metropolis Management Act, 1855, see
the Appendix, infra. This section and the next (212) are applied to
appeals under the Public Health (London) Act, 1891, by s. 126 of that
Act, supra, p. 188, where seem note the matters in respect of which appeals
are given.

Committee of council. — As to the appointment of this committee by
the council and as to its powers, see s. 212, infra. See also note to s. 20,
^ufra, p. 47, s. 99 (4), supra, p. 148.

May appeal to the county council. — A vestry gave notice to the
respondent requiring him to furnish proper doors and coverings to a water-
closet ; the respondent did not comply with the order, and did not appeal
to the county council ; then the vestry summoned the respondent under
s. 81 of the Metropolis Management Act, 1855, ands. 64 of the Metropolis
Management Act, 1862, for neglecting to comply with the order. The
magistrate held that the order of the Vestry was wrongly made, and dis-
missed the summons. But it was held, on a case stated, that the re-
spondent's proper remedy if he objected to the order of the vestry was
by appealing to the county council ; and as he had not done so, the only
questions for the decision of the magistrate were, whether the order of the
vestry had in fact been made, and whether it had been disobeyed ; and
that if he decided those questions in the affirmative he was bound to con-
vict. Vestry of St. James and St. John, Clerkemvell v. Fea^y, (1890)
24 Q B.D. 703.

Hear and determine. — It may be doubted whether these words give
power to vary an order.

Under the Metropolis Management Act, 1862 (25 & 26 Vict. c. 102),
s. 29, the present section was amended in order that the committee on
appeal might vary the order appealed from. The section of the 1862 Act
is not applied by the Public Health (London) Act, 1891.

212. — The county council shall appoint a committee for the pur- County cot
pose of hearing all such appeals as may be made to the said appoint
council as aforesaid, which committee shall have power to hear committee
and decide all such appeals, and the county council shall from "^^""S
time to time fill up any vacancy in such committee, and the chair- ^*
man of the said council shall, by virtue of his office of chairman,
be a member of the said committee in addition to the members
appointed by the said council, and shall preside at all meetings of
such committee at which he is present ; and in case of a vacancy
in the office of such chairman, or in his absence, some other
member of the committee shall be chosen to preside ; and all the
powers of such committee may be exercised by any three of them ;
and any member of such committee may at any time resign his
office.

Committee. — See, as to the duty of the committee, note to last section
and note to s. 20, supra, p. 47, and s. 99 (4), supra, p. 148.

220

SECOND SCHEDULE.

Provisions of Public Health Acts extended to
Woolwich *

Enactments.

Subject Matter.

38 & 39 Vict. c. 55 :
Section four

( Sections five to eight, ten, and
twelve ....

Sections thirteen to thirty-four .

Section forty-one, so far as it re-
lates to a drain.

Sections fifty-one to sixty-one,
sixty-three, and sixty-five.

Sections one hundred and forty-
four to one hundred and forty-
eight.

Sections one hundred and forty-
nine to one hundred and fifty-
five, and one hundred and
fifty-seven to one hundred and
sixty.

Sections one hundred and sixty-
one to one hundred and sixty-
three.

Sections one hundred and sixty-
four and one hundred and
sixty-five.

Sections one hundred and sixty-
six to one hundred and sixty-
eight.

Definitions.

Authorities for execution of
Act.

Sewerage and drainage.

Examination, and enforce-
ment of law, as to drain.

Water supply.

Highways.

Streets and buildings.

Lighting streets.

Public pleasure grounds
and clocks.

Markets.

* See ss. 102 and 140 of the Act, supra, pp. 153, 202.

Second Schedule.

221

Enactments.

Subject Matter.

38 & 39 Vict. c. 55 :

Section one
seventy-two.

hundred and

Sections one hundred and
seventy-three and one hundred
and seventy-four.

Sections one hundred and
seventy-five to one hundred
and seventy-eight.

Sections one hundred and
seventy-nine to one hundred
and eighty-one.

Sections one hundred and eighty-
two to one hundred and eighty-
six, and one hundred and
eighty-eight.

Sections one hundred and eighty-
nine, and one hundred and
ninety-two, to one hundred
and ninety-six.

Sections one hundred and ninety-
seven, one hundred and ninety-

nine, two hundred, and

hundred and three
hundred and six.

two
two

Sections two hundred and seven,
and two hundred and nine to
two hundred and twenty-seven

Sections two hundred and
thirty-three to two hundred
and forty-three.

Sections two hundred and forty-
five, two hundred and forty^
seven, two hundred and forty-
nine, and two hundred and
fifty.

Sections two hundred and fifty-
one, two hundred and fifty-
three, two hundred and fifty-
four, and two hundred and
fifty-six to two hundred and
sixty-nine.

Licensing of, and bye-laws
for, horses, boats, &C:., let
for hire.

Contracts.

Purchase of land.

Arbitration.

Bye-laws.

Officers.

Mode of conducting busi-
ness.

Expenses and rates.

Borrowing.

Audit.

Legal proceedings.

222 Public Health (London) Act, 1891.

Enactments.

Subject Matter.

38 & 39 Vict. c. 55 :

Section two hundred and eighty-
five.

Works outside district.

Sections two hundred and ninety-
three to three hundred and
four.

Powers of Local Govern-
ment Board.

occtiuixb Lixicc iiu.xxu.xcu. cixxu live

to three hundred and eleven,
and three hundred and thir-
teen to three hundred and
seventeen.

Miscellaneous.

Sections three hundred and
twenty-seven to three hundred
and thirty- seven, and three
hundred and thirty-nine to
three hundred and forty-one.

Saving clauses.

The schedules so far as
applicable.

they are

45 & 46 Vict. c. 23. .

Bye-laws for fruit pickers^
lodgings.

46 & 47 Vict. c. 37. •

Support of sewers.

47 & 48 Vict. c. 12. .

Confirmation of bye-laws.

47 & 48 Vict. c. 74. .

Officers.

48 & 49 Vict. c. 53.. .

Members and officers of
local authority.

51 & 52 Vict. c. 52. .

Buildings in streets.

53 & 54 Vict. c. 17. .

Rating of orchards.

223

THIRD SCHEDULE.

Forms.
Form A.

' Form of Notice requiring Abatement of Ntdsance.

To [person causing the nuisance^ or owiier orocctipier of the pre-
mises at which the tiuisance exists^ as the case may be"].

Take notice that under the provisions of the Public Health
(London) Act, 1891, the [^describe the sanitary authority\ being
satisfied of the existence at {describe premises where the nuisa7tce
exists"] of a nuisance being [describe the nuisance, for instance,
premises in such a state as to be a nuisance or injurious or
dangerous to health, or for further instance, a ditch or drain so
foul as to be a nuisance or injurious or dangerous to health], do
hereby require you within [specify the time'\ from the service of this
notice to abate the same [and to execute such works and do such
things as may be necessary for that purpose, or and for that
purpose to specify any works to be executed'], [and the said
[authority'] do hereby require you within the said period to do
what is necessary for preventing the recurrence of the nuisance,
and for that purpose to &^c.]

Where the nuisance has been abated, but is likely to rectir, say,
being satisfied that at ^'c. there existed recently, to wit, on or
about the day of the

following nuisance, namely [describe nuisance], and that although
the said nuisance has since the last-mentioned day been abated,
the same is likely to recur at the said premises, do hereby require
you within [specify time\ to do what is necessary for preventing
the recurrence of the nuisance [and for that purpose to &^c^

If you make default in complying with the requisitions of this
notice [or if the said nuisance, though abated, is likely to recur], a
summons will be issued requiring your attendance before a petty
sessional court, to answer a complaint which will be made for the
purpose of enforcing the abatement of the nuisance, or prohibiting
the recurrence thereof, or both, and for recovering the costs and
penalties that may be incurred thereby.

Dated this day of 18 .

Signature of officer )
\ of sanitary authority \

* These forms or others to the like effect, unless others are prescribed
under the Summary Jurisdiction Act, 1879, are to be used ; s. 130,
supra f p. 191.

224 Public Health (London) Act, 1891.

Form B.
Form of Summons.
Summons.

To A.B.^ of \or to the owner or occupier of]

\describe premises'] situated {insert such description of the situation
as may be sufficient to identify the premises^

County of &c., ? You are required to" appear before [describe
y the petty sessional court], at the court [or
petty sessions] holden at on the

day of next at the hour of

in the noon, to answer the complaint this day made to

me by that at the

premises above mentioned [or at certain premises situated at No.

in street in the parish of or insert

any other such description or reference as may be sufficient to
identify the premises]^ in the district of [describe the sanitary
authority], the following nuisance exists [describe the nuisance and
add, where the person causing the nuisance is summoned, and that
the said nuisance is caused by the act, default, or sufferance of you,
A.B\

Where the nuisance is discontinued^ but is likely to be repeated,
say, to answer the complaint ^c. that at &^c. there existed
recently, to wit, on or about the

day of , the following nuisance [describe

the nuisance, and add, where the person causing the nuisance is
summoned, and that the said nuisance was caused, &^c\ and
although the said nuisance has since the said last-mentioned day
been abated or discontinued, that the same or the like nuisance is
likely to recur at the said premises.

Given under my hand and seal this day of 1 8 .

r.s. (L.S.)

Form C.

Form of Nuisance Order.

To A.B., of [or to the owner or occupier

of [describe premises] situated [insert such description of the situa-
tion as may be suffUcient to identify the premises].

County of, &c. \ WHEREAS the said A.B. [or the owner or
to wit. ) occupier of the said premises within the mean-

ing of the Public Health (London) Act, 1891] has this day
appeared before me [or us, describing the court], to answer the
matter of a complaint made by &^c. that at Qr^c. [follow the words
of complaint in summons] [or in case the party charged do not
appear, say, Whereas it has been now proved to my {or our) satisfac-
tion that a summons ha& been duly served according to the Public
Health (London) Act, 1891, requiring the said vi.^., [or the owner
or occupier of the said premises] to appear this day before me [or
us] to answer the matter of a complaint made by &^c. that at

^c:\'.

[Any of the following orders 7nay be made or a combination of
any of them as the case seems -to require'?^'
Abatement Now on proof here had before me [or us] that the nuisance so
Order.

Third Schedule.

225

complained of does exist at the said premises \addy where the order
is made on the person causing the nuisance^ and that the same is
caused by the act, default, or sufferance of A.B\ I \pr we], in
pursuance of the Pubhc Health (London) Act, 1 891, do order the
said A.B. [or the said owner or occupier] within \specify the time\
from the service of this order according to the said Act \here
specify the nuisance to be abated^ as, for instance, to prevent the
premises being a nuisance or injurious or dangerous to health, or,
for further instance^ to prevent the ditch or drain being a nuisance
or injurious or dangerous to health] [and state any works to be
executed, as, for instance, to whitewash and disinfect the premises,
or, for further instance, to clean out the ditch].

And I {or we] being satisfied that, notwithstanding the said Prohibition
nuisance may be temporarily abated under this order, the same is Order, No. i.
likely to recur, do therefore prohibit the said A.B. [or the said
owner or occupier] from allowing the recurrence of the said or a
like nuisance [and for that purpose I or we direct the said A.B. or
the said owner or occupier, here specify any works to be executed,
as, for instance, to fill up the ditch].

Now, on proof here had before me [or us] that at or recently Prohibition
before the time of making the said complaint, to wit, on Order, No. 2.

the nuisance so complained of did exist
at the said premises, but that the same has since been abated
[add, where the order is made 07t the person causing the nuisance,
and that the nuisance was caused by the act, default, or sufferance
of A.B\ yet, notwithstanding such abatement, I [or we] being
satisfied that it is likely that the same or the like nuisance will
recur at the said premises, do therefore prohibit [continue as in
Prohibition Order, No. i].

Now, on proof here had before me [or us] that the nuisance is Closing Order,
such as to render the dwelling-house [describe the house"] situated
at [inse7't such a description of the situation as may be sufficient to
identify the dwelling-house\ unfit in my [or our] judgment for
human habitation, I [or we] in pursuance of the Public Health
(London) Act, 1891, do hereby prohibit the use of the said
dwelling-house for human habitation.

Given under the hand and seal of me [or the hands and seals

of us, describing the court\

This day of 18 .

J.S. (L.S.)
/-P. (LS.)

Form D.

Form of Nuisance Order to be executed by Sanitary Authority.

To the , [describe the sanitary

authority],

^°"to^wit' I" Whereas a complaint has been made by

that at certain premises situated at No.
in street, in the parish of

[or insert any other description or reference as may be sufficient to
identify the premises] in the district of

[describe the sanitary authority] the following nuisance exists [de-
scribe the nuisance].

. Q

226 Public Health (London) Act, 1891.

And it has been now proved to my [or our] satisfaction that
such nuisance exists, but that no owner or occupier of the premises,
or person by whose act, default, or sufferance the nuisance is
caused, is known or can be found [as the case may be] ; Now I [or
we] in pursuance of the Public Health (London) Act, 1891, do
[continue as in any of the orders in Forin C. with the substitution
of the name of the sanitary authority for that of A.B. or the owner
or occupier].

Given, &*c. {as in last form). ■

Form E.

Warrant of fttstice for Entry to Premises.

Whereas A.B., being a person authorized under the PubHc
Health (London) Act, 1891, to enter certain premises [describe the
Premises\ has made application to me, CD., one of Her Majesty's
justices of the peace having jurisdiction in and for [describe the
place\ to authorize the said A.B. to enter the said premises, and
whereas I, CD., am satisfied by information on oath that there is
reasonable ground for such entry, and that there has been a
refusal or failure to admit to such premises, and either reason-
able notice of the intention to apply to a justice for a warrant has
been given, or that the giving of notice of the intention to apply to
a justice for a warrant would defeat the object of the entry.

[or am satisfied by information on oath that there is reasonable
cause to believe that there is on the said premises a contravention
of the Public Health (London) Act, 1891, or of a bye-law made
under that Act, and that an apphcation for admission or notice of
an application for a warrant would defeat the object of the entry.]

Now, therefore, I, the said CD.^ do hereby authorize the said
A.B. to enter the said premises, and if need be by force, with such
assistants as he may require, and there execute his duties under
the said Act.

Given, ^c. {as in last form).

227

FOURTH SCHEDULE.

Enactments Repealed.-

Session and
Chapter.

TitlQ or Short Title.

Extent of Repeal.

26 Geo. 3.
c. 71.

57 Geo. 3.

2 & 3 Vict,
c. 47.

7 & 8 Vict,
c. 87.

An Act for regulating houses
and other places kept for
the purpose of slaughtering
horses.

An Act foi; the better Paving,
Improving, and Regulating
the Streets of the Metropo-
lis, and Removing and Pre-
venting Nuisances and Ob-
structions therein.

An Act for further improving
the Police in and near the
Metropolis.

An Act to amend the law for
regulating places kept for
slaughtering horses.

The whole Act.

Section fifty-seven so far
as it relates to a cess-
pool ; sections fifty-nine
to sixty-one ; section
sixty - thpree ; section
sixty-four from ' ' or
shall throw" to "either
of such pavements " as
from the coming into
operation of any bye-law
made for the like ob-
ject ; sections sixty-
seven and sixty-eight ;
and sections seventy-
three and seventy-four
as from the coming
into operation of any
bye-law made for the
like object.

Section sixty, from ' * or
cause any offensive
matter" to "so as to
be a common nuis-
ance," as from the
coming into operation
of any bye -law made
for the like object ;
and from; ' ' every occu-
pier of ;a house " to
"this enactment."

The whole, Act.

* See^ as to the time and extent of the repeal of these enactments, s. 142,
supra, p. 208.

228 Public Health (London) Act, 1891.

Session and
Chapter.

Title or Short Title.

Extent of Repeal.

16 & 17 Vict,
c. 128.

An Act to abate the Nuisance
arising from the Smoke of
Furnaces in the Metropolis
and from Steam Vessels
above London Bridge.

The whole Act as respects
all places without as
well as within London.

18 & 19 Vict,
c. 116.

The Diseases Prevention Act,
1855.

The whole Act.

18 & 19 Vict,
c. 120, .

The Metropolis Management
Act, 1855.

Section eighty-one ; sec-
tions eighty-two to

eighty-five, except so
far as they relate to a
drain or sewer, or any
work or apparatus con- :
nected therewith ; sec-
tion eighty-six down to
"defrayed under this i
Act " ; sections eighty- ;
eight, one hundred and
three, and one hundred
and four ; section one
hundred and sixteen
from *' and also to
cause" to the end of
the section ; sections j
one hundred and seven- i
teen, and one hundred I
and twenty-five ; sec-
tion one hundred and
twenty-six, as from the
coming into operation
of any bye-law made ,
for the like object ; sec- j
tions one hundred and j
twenty- seven to one j
hundred and twenty- .;■
nine, one hundred and j
thirty-two, one hundred \
and thirty-three, and
one hundred and thirty-
four ; section one hun-
dred and ninety-eight
from " and to every ,
:,uch report " to * * for \
their parish or district " ; I
section two hundred
and two from "for <
the emptying" to ''dis-
posing of refuse "as
from the coming into
operation of any bye-
law made for the like
object ; and section two
hundred and eleven so
far as regards any
water-closet, privy, ash-
pit, or cesspool.

Fourth Schedule.

229

Session and
Chapter.

Title or Short Title.

Extent of Repeal.

18 & 19 Vict,
c. 121.

The Nuisances Removal Act
for England, 1855.

The whole Act.

19 & 20 Vict,
c. 107.

An Act to Amend the Smoke
Nuisance Abatement (Me-
tropolis) Act, 1853.

The whole Act as respects
all places without as
well as within London.

23 & 24 Vict,
c. 77.

An Act to Amend the Acts for
the Removal of Nuisances
and the Prevention of Dis-
eases.

The whole Act.

35 & 26 Vict,
c. 102.

The Metropolis Management
Amendment Act, 1862.

Sections forty-three and
sixty-two ; in section
sixty-four the word
•'eighty-first," and the
words "and eighty-
sixth " ; sections sixty-
seven, seventy, eighty-
nine, ninety - one,
ninety - three, ninety-
four, and ninety-five ;
and section one hun-
dred and five, from
' • and all penalties " to
-1855."

26 & 27 Vict,
c. 117.

The Nuisances Removal Act
for England (Amendment)
Act, 1863.

The whole Act.

29 & 30 Vict,
c. 41.

The Nuisances Removal (No.
i) Act, 1866.

The whole Act.

29 & 30 Vict,
c. 90.

The Sanitary Act, 1866.

The whole Act, except
section forty-one.

31 & 32 Vict

C. I IS.

The Sanitary Act, 1868.

The whole Act.

32 & 33 Vict,
c. 100.

The Sanitary Loans Act, 1869.

The whole Act.

33 & 34 Vict,
c. 53.

The Sanitary Act, 1870.

The whole Act.

35 & 36 Vict,
c. 79.

The Public Health Act, 1872.

The whole Act.

37 & 38 Vict,
c. 67>

The Slaughterhouses, &c.
^Metropolis; ACif 1074.

The whole Act.

37 & 38 Vict,
c. 89.

The Sanitary Law Amend-
ment Act, 1874.

The whole Act, except so
much of sections forty-
six and forty-nine as
relates to common
lodging-houses.

Public HeMth (London) Atx, 1891.

Session and
Chapter.

Extent of Repeal,

38 & 39 Vict,
c. 55-

The Public Health Act, 1875.

41 & 42 Vict,
c. 74.

42 & 43 Vict.
• c. 54.

43 & 44 Vict.
, c. lix.

46 & 47 Vict,
c. 35-

46 & 47 Vict,
c. 53-

47 & 48 Vict,
c. 60.

48 & 49 Vict,
c. 72.

49 & 50 Vict,
c. 32.

51 & 52 Vict,
c. 41.

52 & 53 Vict,
e. 56.

The Contagious Diseases
(Animals) Act, 1878.

The Poor Law Act, 1879.

The Lcjcal Government
Board's Provisional Orders
Confirmation (Amersham
Union, &c.) Act, 1880.

The Diseases Prevention
(Metropolis) Act, 1883.

The Factqry and Workshop
Act, 1883.

The Metropolitan Asylum
Board (Borrowing Powers)
Act, i88it.

The Housing of the Working
Classes Act, 1885.

The Contagious Diseases
(AnimaU) Act, 1886.

The Local Government Act,

The Poor Law Act,, i{

Section one hundred and
eight from '*In this
section " to the end of
the section; section
one hundred and fifteen
from ** In this section"
to the end of the section.

Section two hundred and
ninety-one, as respects
the whole of the Port
of London.

Section thirty-four.

Sections filfteen and six-
teen. •

Section twp.

The whole: Act.

Section seventeen, down
to "for the district,"-
being the first two sub-
sections.]

The wholei Act.

Section seven ; and sec-
tion nin0 from "This
section s^all apply " to;
" sanitary authority,"
being sup-section (6)

Section niiie.

Section fo|rty-five; and
section eighty - eight,
from " Section one
hundred and ninety-
one " to the end of the
section, being sub-sec-
tion {c).

Section thjree, down to-
, " common poor fund,"
being sup-sections (i),
(2), and 1(3) ; and sec-
tions six land seven.

Fourth Schedule.

231

Session and
Chapter.

Title or Short Title.

Extent of Repeal.

52 & 53 Vict.

c. 65.

The Public Health Act, 1889.

Section one, from "and
as regards " to the end
of the section ; and in
section two the words
**or of section fifty-
two of the Sanitary
Act, 1866."

52 & 53 Vict,
c. 72.

The Infectious Disease (Noti-
fication) Act, 1889.

Section two, from " to
every London " down
to "Act and" being
sub-section (a) ; sec-
tions ten and twelve ;
section sixteen, from
"the Commissioners of
Sewers " down to " Act,
1887," being sub-sec-
tions (a) and (d) ; and
from " The expression
* London district' "
down to *' local autho-
rity is elected."

53 & 54 Vict,
c. 34.

The Infectious Disease (Pre-
vention) Act, 1890.

Section two, from "Lo-
cal authority " to the
end of the section ;
section three from ta
every London district "
to "this Act ; and " j
and section five, down
to "London district,
and ".

53 & 54 Vict,
c. ccxliii.

The London Council (General
Powers) Act, 1890.

Sections twenty-two and
twenty-four.

APPENDIX.

METROPOLIS LOCAL MANAGEMENT ACT, 1855.
18 & 19 Vict. Cap. 120.

58. ^ — It shall be lawful for the Metropolitan Board of Commiitces
Workst, and the board of works for any district, and any may be
such vestry respectively, to appoint a committee or committees ^PP^^^^*^-
for any purposes which, in the discretion of the board or

vestry, would be better regulated and managed by means of
such committee, and at any meeting to continue, alter, or dis-
continue such committee : Provided always, that the Acts of
every such committee shall be submitted to the general body
, of the board or vestry appointing such committee for their
approval.

59. — Every committee so appointed may meet from time Powers of
to time, and may adjourn from place to place, as they may committees,
think proper, for carrying into effect the purposes of their
appointment ; but no business shall be transacted at any
meeting of the committee unless three members of the com-
mittee are present.

139. + — The Metropolitan Board of Workst, where it Metropolitan
appears to them expedient that any officer or set of officers ne- Boardt may
cessary for any of the purposes of this Act should act for a J^^^^^g to be'^^'
larger area than is comprised in one parish or district, or for J-^^^de for two
parts of different parishes or districts, may, with the consent of parishes or dis-
the vestries or boards of such parishes or districts, direct that tricts jointly,
such vestries or boards shall unite in the appointment and
removal of such officer or set of officers ; and the said Metro-
politan Boardt shall in such case direct the mode in which the
respective bodies or committees thereof shall act together for

* See s. 99 of the Public Health (London) Act, 1891, snj^ra, p. 134 ;
and 25 & 26 Vict. c. 102, s. 31.

t The London County Council is now substituted for the Metropolitan
Board of Works, 51 & 52 Vict. c. 41, s. 41 (8).

t See ss. 106, 107 of the Public Health (London) Act, 1891, supia,
pp. 158, 161.

234

Appendix.

the purposes of every such appointment and removal, and the
l^roportions in which the salary or salaries of such officer or
officers shall be borne and paid by every such parish and
district respectively.

Auxiliary Powers common to the Metropolitan Board of
JForh'* and to Vestries and District Boards.

149. t — The Metropolitan Board of Works, and every
district board and vestry, may enter into all such contracts
as they may think necessary for carrying this Act into execu-
tion ; and every such contract for works or materials whereof
the value or amount exceeds ten pounds shall be in writing
or print, or partly in writing and partly in print, sealed with
the seal of the board or vestry ; and every contract so
entered into, and duly executed by the other parties thereto,
shall be binding on the board or vestry and their successors,
and upon all other parties thereto : Provided always, that it
shall be lawful for any such board or vestry to compound
with any contractor or other person in respect of any penalty
incurred by reason of the nonperformance of any contract
entered into as aforesaid, whether such penalty be mentioned
in any such contract or in any bond or otherwise, for such
sum of money or other recompense as to the board or vestry
may seem proper.

Power to 150. t — It shall be lawful for the Metropolitan Board of

boards and Works'^' and every district board and vestry to purchase, or to
mirch!^ "^"^^ ^^^^^ ^^^^ ^^^^^^ ^^^y ^^^y think fit, any land, or

lands '&c. for ^^Y right or easement in or over any land which they may
the purposes of deem necessary or expedient for the formation or protection

I'ower of
boards and
vestries to
enter into
contracts for
carrying Act
into execution,

Power to
compound for
penalties in
respect of
breach of con-
tracts.

this Act.

of any works which they are authorized to execute under
this Act, also any offices and other buildings, yards, stations,
or places for deposit of refuse, materials, and things, or any
land for the erection and formation of such offices and other
buildings, yards, stations, or places for deposit ; and also to
contract for the purchase, removal, or al:)atement of any mill-
dam, pound, weir, bank, wall, lock, or other obstruction to
the flow of water, whereby sewerage or drainage is interrupted
or impeded, and for the purchase of any land, or any right or
easement in or over any land, which it may be necessary or
expedient to purchase to prevent the obstruc-ion of sewerage
or drainage ; and also to purchase or take on lease as afore-
said the whole or any part of any streams or springs of water,
or any rights therein, which it appears to them necessary to
acquire and use for the purposes of cleansing sewers and

* The London County Council is now substituted for the Metropolitan
Board of Works, 51 & 52 Vict. c. 41, s. 41 (8).

t See s. 43 of the Public Health (London) Act, 1891, s^ijhra, p. 78.

Appendix.

235

drains and the other purposes of this Act, or any land which
is deemed by them advisable to purchase or take on lease for
the purpose of drawing or obtaining water from springs, or
by sinking of wells, and for making and providing reservoirs,
tanks, aqueducts, watercourses, and other works, or for any
other purpose connected with the works for obtaining such
supply of water as aforesaid : Provided always, that nothing
herein contained shall authorize the said Metropolitan Board,^
or any district board or vestry, to use or permit to be used
any such works for the purpose of carrying water by supply
pipes into any house or factory for domestic, manufacturing,
or commercial purposes.

151. — For the purpose of enabling the said Metropolitan Certain provi-
Board,* and every district board and vestry, to obtain any ^ions of 8 cc 9
land, or any right or easement in or over any land, which they ^^orafed
respectively may require for the purposes of this Act, " The ^viih this Act.
Lands Clauses ConsoKdation Act, 1845," except the provisions
of that Act with respect to the recovery of forfeitures, penal-
ties, and costs, shall, subject to the provisions herein contained,
be incorporated with this Act ; and the provisions of the said
Act so incorporated with this Act which would be applicable
in the case of a purchase of any land shall be applicable in
the case of the purchase of a right or easement in or over any
land ; and for the purposes of this Act the expression " the
promoters of the undertaking," wherever used in the said
Lands Clauses Consolidation Act, shall mean the Metropolitan
Board, or the district board or vestry, acting under the
provisions of the said Act and this Act, as the case may be.

152. — Provided always, that the provisions of the said Lands not to
Lands Clauses Consolidation Act " with respect to the purchase be taken
and taking of lands otherwise than by agreement " shall not compulsorily,
be incorporated with this Act, save for enabling the Metro- Me^ropoHtun
politan Board of Works* to take land, or any right or easement Boaid with
in or over land, for the purpose of making any sewers or works consent of
for preventing the sewage or any part of the sewage within the ^ecreiaiy of
Metropolis from passing into the Thames in or near the Metro- ■

polis, or otherwise for the purpose of the sewerage or drainage
of the Metropolis : Provided also, that no land, or right or
easement in or over land, for the purposes aforesaid, shall be
taken compulsorily by the said Board, without the previous
consent in writing of one of Her Majesty's Principal Secre-
taries of State.

153. — The Metropolitan Board of Works,* before apply- Previous notice
ing for the consent of the Secretary of State for taking land, or to be given.

* The London County Council is now substituted for the Metropolitan
iioard of Works, 51 & 52 Vict, c 41, s. 41 (8) ; see also p. 248, infra.

236 Appendix.

any right or easement in or over land, compulsory, as afore-
said, shall publish, once at the least in each of four consecu-
tive weeks, in one of the daily newspapers published in the
Metropolis, an advertisement describing the nature of the
works in respect of which the land, right or easement, is pro-
posed to be taken, naming a place where a plan of the proposed
Avorks is open for inspection at all reasonable hours, and stating
the quantity of land or the particulars of the right or easement
that they require for the purpose of such w^orks, and shall
serve a notice on the owners or reputed owners, lessees or
reputed lessees, and occupiers of the land intended to be
taken, or of the land in or over which such right or easement
is intended to be taken, such service to be made four weeks
previously to the application to such Secretary of State, and
such notice shall state the particulars of the land, right, or
easement so required, and that the Metropolitan Board are
willing to treat for the purchase thereof, and as to the com-
pensation to be made for the damage that may be sustained
by reason of the proposed works.

Power to dis- 154. — The Metropolitan Board of Works,* and any dis-
pose of lands ^^-^j. |3Qa^(j qj- vestry, may sell and dispose of any land pur-
or propertv not j j j i j xr

wanted. chased by them under this Act, and any property whatsoever

vested in them under this Act, w^hich it may appear to them
may be properly sold or disposed of ; and for completing and
carrying any such sale of any land into effect such board may
make and execute a conveyance of the land sold and disposed
of as aforesaid unto the purchaser, or as he shall direct, and
such conveyance shall be under the seal of the said board or
vestry ; and the word " grant " in such conveyance shall
have the same operation as by the said Lands Clauses Conso-
lidation Act, 1845, is given to the same word in a conveyance
of lands made by the promoters of the undertaking ; and a
receipt under the seal of the said board or vestry shall be a
sufficient discharge to the purchaser of any such land or any
other such property as aforesaid for the purchase money in
such receipt expressed to be received ; and the money arising
from such sale of any land purchased under this Act, and
(except as herein-after otherwise provided) of any such pro-
perty, shall be applied in aid of the rate out . of which the
expenses of the purchase of such land or providing such pro-
perty have been or are authorized to be defrayed under this
Act ; and the money arising from the sale of any property
vested in any such board . or vestry under this Act, and which,
before becoming so vested, was vested in any commissioners
or other body, or in any officer of any commissioners or other
body, or in any surveyor of highways, shall be applied in or
towards the discharge of any debts or liabilities for the dis-

* The London County Council is now substituted for the Metropolitan
Board of Works, 51 & 52 Vict. c. 4T, s. 41 (8).

Appendix.

237

.charge whereof rates are by this Act authorized to be raised in
the parish, or part, to the commissioners or other body for the
management of the paving, hghting, or cleansing whereof such
property may have belonged before the commencement of this
Act, and, subject as aforesaid, shall be applied in aid of such
rate to be raised under this Act in such parish or part as to
the board or vestry disposing of such property may seem
just ; and any such board or vestry may let any land pur-
.chased by or vested in them under this Act, and which for the
time being is not required for the purposes thereof, in such
manner and on such terms as such board or vestry may see
fit.

155. — Provided always, That where any land or any right Owners of land
or easement in or over land is purchased by the said Metro- ^^^y
politan Board,* or any district board or vestry, under this Act, o^pre-tmptfon.
-it shall be lawful for the owners of or parties entitled to sell or
convey such land, right, or easement to reserve upon the sale
thereof to such board or vestry in and by the conveyance
such right of pre-emption to the person for the time being
.entitled to the land (if any) from which the land so purchased
was severed, or in or over which such right or easement is
granted, as is provided by sections 128, 129, and 130 of the
.said Lands Clauses Consolidation Act; but, except where
such right of pre-emption is so reserved, there shall be no such
right, notwithstanding the incorporation of the said Lands
Clauses Consolidation Act with this Act.

156. — In case any person having the charge, control, or Penalty for
possession of any property, matters, or things vested in the withholding
Metropolitan Board of Works,* or the vestry of any parish, or {^^^^JJfgfg^-^g^^ to
any district board, by or under this Act, neglect or refuse to Metropolitan
give up the same, on demand, to such board or vestry, or Board or any
such person as they respectively may order, every person so vestry or
offending shall, upon being convicted thereof before any two ^^^trict board,
justices of the peace, for every such offence forfeit and pay,
over and above the value of the property not given up, such
sum not exceeding five pounds as the said justices may think
fit.

Provisions for defraying Expenses of Vestries and District

Boards.

158. — Every vestry and district board shall from time to How sums to

time, by Order under their Seal, require the overseers of their

parish, or of the several parishes in their district, to levy, and district^ boards

' for defraying

The London County Council is now substituted for the Metropolitan their expenses
Board of Works, 51 & 52 Vict. c. 41, s. 41 (8).

238

Appendix.

to pay over to the treasurer of such vestry or board, or into
any bank in such Order mentioned, and within the time or
times thereby Hmited, the sums which such vestry or board
may require for defraying the expenses of the execution of this
Act (and such Orders may be made wholly or in part in
respect of expenses already incurred or of expenses to be
thereafter incurred) ; and every such vestry and board shall
distinguish in their Orders sums required for defraying
expenses of constructing, altering, maintaining, and cleansing
the sewers or otherwise connected with sewerage, and also,
where the Act of the session holden in the third and fourth
years of King William the Fourth, Chapter Ninety, or any
other Act by virtue whereof land is rated in respect of
expenses of lighting at a less amount in proportion to the
annual value thereof than houses, or is wholly exempted from
being rated in respect of such expenses, is in force in any
parish, or any part of any parish, at the time of the passing of
this Act, distinguish, as regards such parish, or part, the sums
required for defraying expenses of lighting their parish or dis-
trict from sums required for defraying other expenses of exe-
cuting this Act ; but every such vestry and board may cause
to be raised as expenses connected with sewerage such portion
of the expenses incident to the conduct of their business in
relation to sewerage, in common with the conduct of their other
business under this Act, as to such vestry or board may seem
just; and the overseers or collectors, in the receipts to be
given for the sums levied or collected by them, shall distinguish
the rate in the pound required for sewerage expenses, and the
rate required for the other expenses of this Act.

Overseers to 161. — The overseers of the poor of every parish to whom
iii\h?same'^^^^ Order as aforesaid is issued shall levy the amount

manner as the ^nentioned therein according to the exigency thereof, and shall
poor rate. for that purpose make separate equal pound rates upon their
parish, or the part thereof upon which any sum specified in
such Order is required to be levied, in respect of each sum
thereby ordered to be levied ; that is to say, a separate rate in
respect of each sum ordered to be levied for defraying expenses
connected with sewerage, to be called a sewers rate ; a separate
rate in respect of each sum ordered to be levied for defraying
expenses of lighting (where a separate sum is ordered to be levied
for defraying such expenses), to be called a lighting rate ; and a
separate rate in respect of each sum ordered to be levied for
defraying other expenses of executing this Act, to be called a
general rate ; and shall make such respective rates of such
amount in the pound on the annual value of the property
rateable as will in their judgment, having regard to all circum-
stances, be sufficient to raise the sums specified in such Order;
and such rates shall be levied on the persons and in respect
of the property by law rateable to the relief of the poor in

Appendix.

239

the respective parishes, and shall be assessed upon the net
annual value of such property ascertained by the rate for the
time being for the relief of the poor ; and the said overseers
shall, for the purpose of levying such rates, proceed in the
same manner, and have the same powers, remedies, and privi-
leges, as for levying money for the relief of the poor ; and all
such rates shall be allowed in the same manner, and be subject
to all the same provisions in relation to appeal and to excusing
persons from payment on account of poverty and otherwise,
as the rate for the relief of the poor in the same parish ; and
such overseers shall pay to the treasurer of the vestry or board,
or otherwise, as in such Order directed, the amount mentioned
in the Order, within the time or respective times specified for
that purpose, and the excess, if any, which may have been
levied beyond such amount, which excess shall be placed to
the credit of the parish or part in which the same has been
levied ; and the said overseers shall at the time of making any
such payment deliver with the money a note in writing signed
by them, specifying the amount so paid, which note shall be
kept as a voucher for the receipt of that particular amount ;
and the receipt of the treasurer of the vestry or board, or of
any proper officer or person of or belonging to any bank into
which such money is so paid, specifying the amount paid to
him by the overseers, shall be a sufficient discharge to the
overseers for such amount.

General Powers to Metropolitan^ and District Boards and
Vestries to borrow.

183t. — It shall be lawful for the MetropoHtan Board, ^ Power t©
and every district board and vestry, for the purposes of defraying boards and
any expenses incurred or to be incurred by them in the exe- v^stnes to
cution of this Act, to borrow and take up at interest, on the on^morteaeT^
credit of all or any of the monies or rates authorized to be
raised by them under this Act, any sums of money necessary
for defraying any such expenses ; and for the purpose of
securing the repayment of any sums so borrowed, together
with such interest as aforesaid, such board or vestry may
mortgage and assign over to the persons by or on behalf of
whom such sums are advanced the respective monies or rates,
upon the credit of which such sums are borrowed ; and the
respective mortgagees shall be entitled to a proportion of the
monies or rates comprised in their respective mortgages,
according to the sums in such mortgages mentioned to have

* The London County Council is now substituted for the Metropolitan
Board of Works, 51 & 52 Vict. c. 41, s. 41 (8).

t As to the repeal of this and the following sections (184-191) as re-
gards the London County Council's power to borrow, see 32 & 33 Vict,
c. 102, s. 50.

XSee^. 105 of the Public Health (London) Act, 1891, supray pp..
I'?6 and 157.

R 2

240

Appendix.

No priority been advanced ; and each mortgagee shall be entitled to be
amongst repaid the sums so advanced, with interest, without any pre-
mortgagees. ference over any other mortgagee or mortgagees by reason of
any priority of advance or the date of his mortgage : Provided
always, that no monies shall be so borrowed by any district
board or vestry without the previous sanction in writing of
the said Metropolitan Board.

Power to com-
missioners
acting under
14 & 15 Vict.,
c. 23, to make
advances.*

184. — It shall be lawful for the commissioners acting in
the execution of an Act passed in the Session holden in the
Fourteenth and Fifteenth Years of Her Majesty, Chapter
Twenty-three, " to authorize for a further period the advance
" of money out of the Consolidated Fund to a limited amount
" for carrying on Public Works and Fisheries and Employ-
" ment of the Poor," and any Act or Acts for amending or
continuing the same, to make advances to any such board or
vestry upon the security of all or any of the monies or rates
to be raised by them under this Act, and without requiring
any further or other security than a mortgage of such monies
or rates.

Form of 185. — Every mortgage authorized to be made under this

mortgage. j^^^^ shall be by deed duly stamped, truly stating the date,
consideration, and the time of payment, and shall be sealed
with the seal of the board or vestry, and may be made accord-
ing to the Form (E.) contained in the Schedule to this Act
annexed, or to the like effect, or with such variations or addi-
tions in each case as the board or vestry and the party ad-
vancing the money intended to be thereby secured may agree
Register of to ; and there shall be kept at the ofifice of the board or vestry
mortgages.* a register of the mortgages made by them, and within fourteen
days after the date of any mortgage an entry shall be made in
the register of the number and date thereof, and of the names
and descriptions of the parties thereto, as stated in the deed ;
and every such register shall be open to public inspection dur-
ing office hours at the said office, without fee or reward ; and
any clerk or other person having the custody of the same,
refusing to allow such inspection, shall be liable to a penalty
not exceeding five pounds.

Repayment of
money bor-
rowed at a time
agreed upon. *

186. — The board or vestry making any such mortgage
may, if they think proper, fix a time or times for the repay-
ment of all or any principal monies borrowed under this Act,
and the payment of the interest thereof respectively, and may
provide for the repayment of such monies, with interest, by
instalments or otherwise, as they may think fit ; and in case
the board or vestry fix the time or times of repayment they
shall cause such time or times to be inserted in the mortgage

See note (f) to s. 183, sujira, p. 239.

Appendix.

241

deed ; and at the time or times so fixed for payment thereof
such principal moneys and interest respectively shall, on
demand, be paid to the party entitled to receive the same
accordingly ; and if no other place of payment be inserted in Interest on
the mortgage deed, the principal and interest shall be payable JJ^^'^^^^^P/,^
at the principal office of the board or vestry, and unless other- ^^^fy^ ^
wise provided by any mortgage, the interest of the money
borrowed thereupon shall be paid half-yearly ; and if no time As to repay-
be fixed in the mortgage deed for the repayment of the money j^^"^ V^??^^
so borrowed, the party entitled to receive such money may, at ^ tim^has
the expiration or at any time after the expiration of twelve been agreed
months from the date of such deed, demand payment of the upon,
principal money thereby secured, with all arrears of interest,
upon giving six months' previous notice for that purpose ; and
in the like case the board or vestry may at any time pay off
the money borrowed, on giving the like notice ; and every
such notice shall be in writing or print, or both, and if given
by a mortgagee shall be given in manner herein provided for
service of notices on the board or vestry, and if given by the
board or vestry shall be given either personally to such mort-
gagee or left at his residence, or if such mortgagee or his
residence be unknown to them, or cannot be found after dili-
gent inquiry, such notice shall be given by advertisement in Interest to
the London Gazette ; and if the board or vestry have given cease on expi-
notice of their intention to pay off any such mortgage at a of notice
time when the same may lawfully be paid off by them, then at mortgage debt
the expiration of such notice all further interest shall cease to
be payable thereon, unless, on demand of payment made pur-
suant to such notice, or at any time thereafter, the board or
vestry fail to pay the principal and interest due at the expira-
tion of such notice on such mortgage,

187. — It shall be lawful for the said Metropolitan Board, Power to
with respect to any security granted by the Metropolitan Com- ^^^^^Yg^j^
missioners of Sewers, or granted by such board under this securities?*
Act, and for every district board and vestry, with respect to

any security for any existing debt or liability which such board
or vestry are by this Act required to discharge, and any secu-
rity granted by such board or vestry under this Act, to raise
and borrow the monies necessary for paying off such security,
and to pay off the same ; and the monies borrowed for the
purpose of such payment shall be secured and repaid in like
manner as if borrowed for defraying the expenses of the exe-
cution of this Act : Provided always, that nothing herein con-
tained shall extend to authorize the paying off of any security
otherwise than in accordance with the provisions thereof.

188. — If at the expiration of six months from the ^^^^^ ^^-^^J^i^^^ °^^3
when any principal money or interest has become due upon P^te^e^t^may be

enforced by the

* See note (f) to s. 183, supra, p. 239. appointment of

a receiver.*

242

Appendix.

any mortgage made under this Act, or under the said Act of
the Eleventh and Twelfth Years of Her Majesty, Chapter One
Hundred and Twelve, or any Act continuing or amending the
same, and after demand in writing, the same be not paid, the
mortgagee may, without prejudice to any other mode of
recovery, apply for the appointment of a receiver to two jus-
tices, who are hereby empowered, after hearing the parties, to
appoint, in writing under their hands and seals, some person
to collect and receive the whole or a competent part of the
monies or rates liable to the payment of the principal or
interest in respect of which the application is made, until such
principal or interest, or both, as the case may be, together
with the costs of the application and the costs of collection,
are fully paid ; and upon such appointment being made all
such monies or rates, or such competent part thereof as afore-
said, shall be paid to the person appointed, and when so paid
shall be so much money received by or to the use of the mort-
gagee or mortgagees, and shall be rateably apportioned
between or among them, but subject and without prejudice to
such rights of priority, if any, as shall then be subsisting
between the mortgagees or any of them : Provided always,
that no mortgagee shall be prejudiced, either directly or
indirectly, by any loss which may be occasioned by the misap-
plication or nonapplication of any monies or rates received by
any receiver appointed otherwise than upon the application or
with the express consent of such mortgagee, or by any act,
deed, neglect, or default on the part of such receiver, but such
loss shall be wholly borne by the mortgagee or mortgagees
upon whose application or with whose express consent such
receiver was appointed : Provided also, that no such applica-
tion shall be entertained unless the sum or sums due and
'owing to the applicant amount to one thousand pounds, or
unless a joint application be made by two or more mortgagees
to whom there may be due, after such lapse of time, and
demand, as last aforesaid, monies collectively amounting to
that sum.

189. — Any mortgagee or other person entitled to any mort-
gage under this Act may transfer his estate and interest therein
to any other person by deed duly stamped, truly stating its
date, the names and descriptions of the parties thereto, and
the consideration for the transfer ; and such transfer may be
according to the form contained in the Schedule (F.) to this
Act annexed, or to the like effect ; and there shall be kept at
the office of every board and vestry making any mortgages
under this Act a register of the transfers of such mortgages ;
and within thirty days after the date of any such deed of
transfer, if executed within the United Kingdom, or within
thirty days after its arrival in the United Kingdom if executed

Transfer of
mortgages. *

See note (t) to s. 183, supra, p. 239.

Appendix.

243

elsewhere, the same shall be produced to the clerk of the
board or vestry making the mortgage ; and such clerk shall,
upon payment of the sum of five shillings, cause an entry to
be made in such register of its date, and of the names and
description of the parties thereto, as stated in the transfer;
and upon any transfer being so registered, the transferee, his
executors, administrators, or assigns, shall be entitled to the
full benefit of the original mortgage, and the principal and
interest secured thereby ; and every such transferee may in
like manner transfer his estate and interest in any such mort-
gage ', and no person, except the person to whom the same
has been last transferred, his executors, administrators, or
assigns, shall be entitled to release or discharge any such
mortgage, or any money secured thereby.

190. — For the purpose of providing a fund for paying off Sinking fund

mortgages granted under this Act, the board or vestry grant- ^^"^"^^^^
111 • ^-j ^ r for paying oft

mg such mortgage shall once m every year set aside, out of mortgages.*

the monies or rates charged thereby, such sum as they think
proper, being not less than two pounds per centum on the
amount of the principal monies secured thereby ; and the
sum so from time to time set aside, and all other monies
applied by the board or vestry in augmentation of the said
fund, shall be applied, in the manner herein-after directed, in
payment, so far as the same will extend, of the principal money
secured by such mortgages, or the same shall be invested in
the public funds, or on Government or real security, in the
name of--^the board or vestry ; and the dividends and interest
of the monies so invested, when and as the same become due,
shall from time to time be received and invested in like
manner, in order that the said monies so set aside and invested
may accumulate at compound interest ; and when such accu-
mulated fund amounts to a sum which, in the opinion of the
board or vestry, can be conveniently applied for that purpose,
the stocks, funds, or securities whereon the same is invested
shall be sold or otherwise converted into money, and the
monies arising from any such sale and conversion shall be
applied, in the manner herein-after directed, in payment, so
far as the same will extend, of the said principal monies, and
so from time to time until the vrhole of the said principal
monies are discharged.

191. — When and as often as the board or vestry are Mode of pay-
enabled and think it expedient to pay off one or more of the ing off mort-
said mortgages, they shall cause the several numbers of such S^g^^.*
mortgages to be written upon distinct slips of paper of an equal

size, and all such slips shall be rolled or folded up in a similar
form, and put in a box, and the clerk of the said board or
vestry shall, at a meeting of the board or vestry, draw sepa-

* See note (t) to s. 183, supra^ p. 239.

244

Appendix.

rately out of the said box one of the said slips, and thereupon
the mortgage corresponding with the number so drawn shall
be paid off by the board or vestry ; and after every such
ballot the board or vestry shall cause a notice, signed by the
clerk, to be given to the person entitled to the money to be
paid off, and such notice shall express the principal sum pro-
posed to be paid off, and that the same will be paid, together
with the interest due thereon, at a place to be specified in such
notice, at the expiration of six months from the date of giving
such notice ; and at the expiration of such period the interest
of the principal money to be paid off shall cease, unless such
principal money and interest be not paid, on demand, pur-
suant to such notice ; but such principal money, and the
interest thereof to the end of the said six months, shall never*
theless be payable on demand.

Special pro- 238.* — Notwithstanding anything in this Act contained tO
Trish of contrary, the provisions of this Act shall extend and apply

Woolwich. parish of Woolwich only to the extent and in manner

herein-after mentioned; (that is to say,)

A member of the Metropolitan Board of Works shall be
from time to time elected by the Local Board of
Health of Woolwich at a meeting of such board, as
by this Act directed with respect to the vestry of
each of the parishes mentioned in the said Schedule
(A.):

The said Metropolitan Board shall have and perform, within
and in relation to the said parish, all the powers and duties
vested in them under this Act, in like manner as within and
in relation to other parishes mentioned in the said Schedule
(A.), save that the said Local Board shall be subject to all
orders of the said Metropolitan Board in relation to sewerage
and otherwise, and to all precepts requiring payment of money,
in all respects as the vestries of other parishes in the said
Schedule (A.) are subject to the same, in lieu of the vestry
of the said parish ; and all sums required to be paid by such
precepts shall be defrayed out of any moneys carried to the
district fund account, or by means of a general district rate to
be levied on the whole of the parish of Woolwich^ or such part
thereof as may be specified in th$ precept of the said Metro-
politan Board.

* See s. 99 of the Public Health (London) Act, 1891, supra, p. 147.
Ss. 211 & 212 are set out in Schedule I. to the Public Health (London)
Act, 1 89 1, supra, p. 218.

Appendix.

245

SCHEDULE (A)*

Part I. — Parishes each electinf^ Two Members of the Metropolitan
Board of Works,

Saint Marylebone.
Saint Pancras.t
Lambeth.

Saint George, Hanover Square.
Islington, Saint Mary.t
Shoreditch, Saint Leonard.

Part II. — Parishes each electing One Member of the Metropolitan
Board of Works.

Paddington.:|:

Saint Matthew, Bethnal Green.

Saint Mary, Newington, Surrey.

Cambervvell.;|:

Saint James, Westminster.

Saint James and Saint John, Clerkenwell, to be considered as
one parish,
Chelsea.

Kensington, Saint Mary Abbott.f

Saint Luke, Middlesex.

Saint George the Martyr, Southwark*

Bermondsey.

Saint George-in-the-East.

Saint Martin-in-the-Fields.

Hamlet of Mile End Old Town.

Woolwich.

Rotherhithe.

Saint John, Hampstead.

SCHEDULE (B).

Parishes united into Districts for the purposes of

THE Act.

Part I. — Districts each electing One Member of the Metropolitan
Board of Works.

Name of District.

Parishes.

Whitechapel District ... Saint Mary, Whitechapel.

Christchurch Spitalfields.
Saint Botolph Without Aldgate, in the
County of Middlesex.

* See s. 99 of the Public Health (London) Act, 1891, supj-a^ p. 147.

t Elected three members of the Metropolitan Board of Works by
48 & 49 Vict. c. 33, s. I.

X Elected two members of the Metropolitan Board of Works by
48 & 49 Vict. c. 33, s. I.

246

Appendix.

Name of District.

Parishes.

Whtechapel District .

Westminster District*.
Greenwich Districtf .

Wandsworth Districtt

Hackney Districtf
Saint Giles District

Holborn District

Strand District

Fulham District§

Holy Trinity, Minories.
Saint Katherine, Precinct of.
Mile End New Town, Hamlet of.
Liberty of Norton Folgate.
Old Artillery Ground.
Tower, District of.

Saint Margaret.

Saint John the Evangelist.

Saint Paul, Deptford, including Hat-
cham.

Saint Nicholas, Deptford.
Greenwich.

Clapham.
Tooting Graveney.
Streatham.

Saint Mary, Battersea, excluding Penge.
Wandsworth.

Putney, including Roehampton.
Hackney.

Saint Mary, Stoke Newington,

Saint Giles-in-the-Fields.
Saint George, Bloomsbury.

Saint Andrew, Holborn above Bars.

Saint George the Martyr.

Saint Sepulchre, in the County of

Middlesex.
Saffron Hill, Hatton Garden, Ely Rents,

and Ely Place.
The Liberty of Glasshouse Yard.

Saint Anne, Soho.
St. Paul, Covent Garden.
Saint John the Baptist-
Savoy, or Precinct of the Savoy.
Saint Mary-le- Strand.
St. Clement Danes.
Liberty of the Rolls.

Saint Peter and Saint Paul, Hammer-
smith.
Fulham.

* The district dissolved. Each parish elected one member by 50 & 51
Vict. c. 17, s. 12.

t Elected two members of the Metropolitan Board of Works by
48 & 49 Vict. c. 33, s. I.

i Elected three Members of the Metropolitan Board of Works by
48 & 49 Vict. c. 33, s. I ; but the district was divided into Battersea
parish and Wandsworth district ; the former elected one member and the
latter two members of the Metropolitan Board of Works by 50 & 51
Vict. c. 17, ss. 4-6.

§ The district dissolved ; each parish elected one member by 48 & 49
Vict. c. 33, s. 3.

Appendix.

247

Name of District.

Parishes.

Limehouse District

Poplar District*

Saint Saviour's District

Saint Anne, Limehouse.
Saint John, Wapping.
Saint Paul, Shadwell.
Rat cliff, Hamlet of.

All Saints, Poplar.

Saint Mary, Stratford-le-Bow.

Saint Leonard, Bromley.

Christ Church.

St. Saviour (including the Liberty of the
Clink).

Part IL — Districts united for electing One Meinber of the Metro-
po titan Board of Works.

^Plumstead District

united with

Lewisham Districtf

Charlton, next Woolwich.

Plumstead.

Eltham.

Lee.

Kidbrooke.

Lewisham (including Sydenham

Chapelry).
Hamlet of Penge.

Part II L — Parish and District united for electing One Member
of the Metropolitan Board of Works.

The Parish of Rother-
hithe united with

Saint Olave.

LSaint Olave District, .-j Saint Thomas, Southwark.

Saint John, Horsleydown.

SCHEDULE (C).

The Close of the Collegiate Church of Lincoln's Inn.

St. Peter. Gray's Inn.

The Charter House. Staple Inn.

Inner Temple. Furnival's Inn.

Middle Temple.

* Elected two members of the Metropolitan Board of Works by 48 &
49 Vict. c. 33, s. I.

t Each district separately elected a member by 48 & 49 Vict. c. 33,
s. 2.

248

Appendix.

THE LANDS CLAUSES CONSOLIDATION ACT,
1845.*

Appointment 25, — When any question of disputed compensation by
whS^^uesSons ^^^^ Special Act, or any Act incorporated therewith,

aretobe^deter- authorized or required to be settled by arbitration, shall have
mined by arbi- arisen, then, unless both parties shall concur in the appoint-
tration. ment of a single arbitrator, each party, qn the request of the

other party, shall nominate and appoint an arbitrator, to-
whom such dispute shall be referred ; and every appointment
of an arbitrator shall be made on the part of the promoters
of the undertaking under the hands of the said promoters or
any two of them, or of their secretary or clerk, and on the
part of any other party under the hand of such party, or if
such party be a corporation aggregate under the common;
seal of such corporation ; and such appointment shall be
delivered to the arbitrator, and shall be deemed a submission
to arbitration on the part of the party by whom the same
shall be made ; and after any such appointment shall have
been made neither party shall have power to revoke the same
without the consent of the other, nor shall the death of either
party operate as a revocation ; and if for the space of four-
teen days after any such dispute shall have arisen, and after a
request in writing, in which shall be stated the matter so
required to be referred to arbitration, shall have been served
by the one party on the other party to appoint an arbitrator,
such last-mentioned party fail to appoint such arbitrator, then
upon such failure the party making the request, and having
himself appointed an arbitrator, may appoint such arbitrator
to act on behalf of both parties, and such arbitrator may pro-
ceed to hear and determine the matters which shall be in
dispute, and in such case the award or determination of such
single arbitrator shall be final.

Vacancy of 26. — If, before the matters so referred shall be determined,
arbitrator to be ^j^y ^j.|-jj^j.^^Q J. appointed by either party die, or become in-
suppie . capable, the party by whom such arbitrator was appointed
may nominate and appoint in writing some other person to
act in his place, and if, for the space of seven days after
notice in writing from the other party for that purpose, he fail
to do so, the remaining or other arbitrator may proceed
ex parte ; and every arbitrator so to be substituted as afore-
said shall have the same powers and authorities as were vested
in the former arbitrator at the time of such his death or dig-
abiHty as aforesaid,

Appointment 27. — Where more than one arbitrator shall have been
of Umpire. _ appointed such arbitrators shall, before they enter upon the
matters referred to them, nominate and appoint, by writing
* See s. 43 of the Public Health (London) Act, 1891, supra, p. 80.

Appendix.

249

under their hands, an umpire to decide on any such matters
on which they shall differ, or which shall be referred to him
under the provisions of this or the Special Act, and if such
umpire shall die, or become incapable to act, they shall forth-
with after such death or incapacity appoint another umpire
in his place, and the decision of every such umpire on the
matters so referred to him shall be final.

28. — If in either of the cases aforesaid the said arbitrators Board of Trade
shall refuse, or shall, for seven days after request of either empowered to
party to such arbitration, neglect to appoint an umpire, the ^^^^^"^q^
Board of Trade, in any case in which a railway company shall neglect of the
be one party to the arbitration, and two justices in any other arbitrators, in
case, shall, on the application of either party to such arbitra- case of railway
tion, appoint an umpire, and the decision of such umpire on companies,
the matters on which the arbitrators shall differ, or which

shall be referred to him under this or the Special Act, shall be
final.

29. — If, when a single arbitrator shall have been appointed, in case of
such arbitrator shall die or become incapable to act before he death of single
shall have made his award, the matters referred to him shall ^^ttg^^o^be ^in
be determined by arbitration under the provisions of this or ^^^^
the Special Act in the same manner as if such arbitrator had

not been appointed.

30. — If, where more than one arbitrator shall have been If either arbi^
appointed, either of the arbitrators refuse or for seven days Orator refuse to
neglect to act, the other arbitrator may proceed ex parte^ and rocee(i ^Itr
the decision of such other arbitrator shall be as effectual as parte.

if he had been the single arbitrator appointed by both parties.

31. — If, where more than one arbitrator shall have been If arbitrators
appointed, and where neither of them shall refuse or neglect fail to make
to act as aforesaid, such arbitrators shall fail to make their ^Xin™ent -
award within twenty-one days after the day on which the last one days^thV*
of such arbitrators shall have been appointed, or within such matter to go to
extended time (if any) as shall have been appointed for that pur- the umpire,
pose by both such arbitrators under their hands, the matters

referred to them shall be determined by the umpire to be
. appointed as aforesaid.

32. — The said arbitrators or their umpire may call for the Power of arbi-
production of any documents in the possession or power of trators to call
either party which they or he may think necessary for deter- books, &c.
mining the question in dispute, and may examine the parties

or their witnesses on oath, and administer the oaths neces-
sary for that purpose.

33. — Before any arbitrator or umpire shall enter into the Arbitrator or
consideration of any matters referred to him, he shall in the umpire to

make a decla-
ration.

250

Appendix.

presence of a justice make and subscribe the following
declaration ; that is to say,

" I A.B. do solemnly and sincerely declare, That I
will faithfully and honestly, and to the best of my skill
and ability, hear and determine the matters referred to
me under the provisions of the Act [naming the Special
Act\. A.B.

Made and subscribed in the presence of

And such declaration shall be annexed to the award when
made ; and if any arbitrator or umpire having made such
declaration shall wilfully act contrary thereto he shall be
guilty of a misdemeanour.

Costs of arbi- 34. — All the costs of any such arbitration, and incident
tration how to thereto, to be settled by the arbitrators, shall be borne by the
be borne. promoters of the undertaking, unless the arbitrators shall
award the same or a less sum than shall have been offered
by the promoters of the undertaking, in which case each party
shall bear his own costs incident to the arbitration, and the
costs of the arbitrators shall be borne by the parties in equal
proportions.

Award to be 35. — The arbitrators shall deliver their award in writing

delivered to promoters of the undertaking^, and the said promoters

1x16 iD]roixiOL6irs •

of the under- ^^^^^ retain the same, and shall forthwith, on demand, at their
taking. own expense, furnish a copy thereof to the other party to the

arbitration, and shall at all times, on demand, produce the
said award, and allow the same to be inspected or examined
by such party or any person appointed by him for that pur-
pose.

Submission 36. The submission to any such arbitration may be made
may be made a ^ j-ule of any of the superior courts, on the application of
rule of court, either of the parties.

Award not 37. — No award made with respect to any question referred
void through ^.q arbitration under the provisions of this or the Special Act
error m orm. ^^^^^ for irregularity or error in matter of form.

LANDS CLAUSES CONSOLIDATION ACT, 1869.

32 & 33 Vict. Cap. 18.

An Act to Amend the Lands Clauses Consolidation Act.

[24th June, 1869.

Whereas it is expedient that the provisions contained in
"The Lands Clauses Consolidation Act, 1845," should be
amended :

Appendix.

251

Be it therefore enacted and declared by the Queen's most
Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as
follows :

1. — Where in England, under "The Lands Clauses Con- Costs of arbi-
solidation Act, 1845," or any Act incorporating the same, ^^^^lons where
any question of disputed compensation is determined by Requires ^to^bT
arbitration, the costs of and incidental to the arbitration and settled by a
award shall, if either party so requires, be taxed and settled as master of
between the parties by any one of the taxing masters of the superior courts.
Superior Courts of Law; and such fees may be taken in

respect of the taxation as may be fixed in pursuance of the
enactments relating to the fees to be demanded and taken in
the ofifices of such masters, and all those enactments, including
the enactments relating to the taking of fees by means of
stamps, shall extend to the fees in respect of the said taxation.

2. — Section thirty-three of the Regulation of Railways Repeal of 31 &
Act, 1868, is hereby repealed, and any proceedings commenced 3^ Vict. c. 119,
in pursuance of that section may be continued under this ^'

Act as if they had been commenced under it.

3. — Where any lands by the special Act authorized to be Provision
taken are situate within the city and liberty of Westminster, respecting
then, with respect to those lands, in every case in which any -^stj^^nster
question of disputed compensation is required by the Lands

Clauses Consolidation Act, 1845, ^^Y -^^t amending the
same, to be determined by the verdict of a jury, the high
baiHff of the city and liberty of Westminster, or his deputy,
shall be deemed to be substituted for the sheriff throughout
such of the enactments of the Lands Clauses Consolidation
Act, 1845, Act amending the same as relate to the

reference to a jury.

4. — This Act may be cited as " The Lands Clauses Conso- Short title,
lidation Act, 1869," and shall be construed as one with the Construction
Lands Clauses Consolidation Act, 1845, and the Lands Clauses ^f Acts.
Consolidation Acts Amendment Act, i860 ; and those Acts

and this Act may be cited together as the Lands Clauses Con-
solidation Acts, 1845, i860, and 1869.

THE LOCAL GOVERNMENT ACT, 1888.
51 & 52 Vict. c. 41.*

17. — (i-) The council of any county may, if they see fit. Power of
appoint and pay a medical officer of health or medical officers county coun-
cils to appoint

* See ss. 106 to 109 of the Public Health (London) Act, 1891, supra, medical officer
pp. 158 to 166. of health.

252 Appendix.

of health, who shall not hold any other appointment or engage
in private practice without express written consent of the
council.

(2.)— The county council and any district council may from
time to time make and carry into effect arrangements for render-
ing the services of such officer or officers regularly available in i
the district of the district council, on such terms as to the con-
tribution by the district council to the salary of the medical
officer, or otherwise, as may be agreed, and the medical officer
shall have within such district all the powers and duties of a \
medical officer appointed by a district council.

(3.) — So long as such an arrangement is in force, theobliga- ;
tion of the district council under the Public Health Act, 1875,
to appoint a medical officer of health shall be deemed to be
satisfied without the appointment of a separate medical officer.

Power of 19. — (i-) Every medical officer of health for a district in

county coun- ^ny county shall send to the county council a copy of every .
of medicaf ^"^^ periodical report, of which a copy is for the time being required
officer of by the regulations of the Local Government Board to be sent '
health. to the Board ; and if a medical officer fails to send such copy .

the county council may refuse to pay any contribution which
otherwise the council would in pursuance of this Act pay, ■
towards the salary of such medical officer.

(2.) — If it appears to the county council from any such i
report that the Public Health Act, 1875, has not been properly |
put in force within the district to which the report relates ; or •
that any other matter affecting the public health of the district |
requires to be remedied, the council may cause a representation
to be made to the Local Government Board on the matter. ;

THE SANITARY ACT, 1866.*
29 & 30 Vict. c. 90.

Power to re- 51. — All penalties imposed by the Act of the sixth year of
duce penalties King George the Fourth, chapter seventy-eight, intituled " An
imposed by Repeal the Several Laws relating to Quarantine, and to

Geo. 4, c. 7 . j^^^g other Provisions in lieu thereof," may be reduced by
the justices or court having jurisdiction in respect of such
penalties to such sum as the justices or court think just.

Description of 52. — Every vessel having on board any person affected with
vessels within ^ dangerous or infectious disorder shall be deemed to be
provisions of ^i^hin the provisions ■ of the Act of the sixth year of King
6 Geo. 4, c. 7b. Q^Q^gg ^j^g Fourth, chapter seventy-eight, although such vessel
has not commenced her voyage or has come from or is bound
for some place in the United Kingdom ; and the Lords and

* See s. 142 of the Public Health (London) Act, 1891, supra^ p. 209.

Appendix.

255

others of Her Majesty's most honourable Privy Council, or any
three or more of them (the Lord President of the Council or
one of Her Majesty's principal Secretaries of State being one),
may, by order or orders to be by them from time to time
made, make such rules, orders and regulations as to them
shall seem fit, and every such order shall be certified under
the hand of the clerk in ordinary of Her Majesty's Privy
Council, and shall be published in the London Gazette^ and
such publication shall be conclusive evidence of such order to
all intents and purposes; and such orders shall be binding
and be carried into effect as soon as the same shall have been
so published, or at such other time as shall be fixed by such
orders, with a view to the treatment of persons affected with
cholera, and epidemic, endemic and contagious disease, and
preventing the spread of cholera, and such other diseases
as well on the seas, rivers, and waters of the United Kingdom,
and on the high seas within three miles of the coasts thereof,
as on land ; and to declare and determine by what nuisance
authority or authorities such orders, rules, and regulations shall
be enforced and executed ; and any expenses incurred by any
such nuisance authority or authorities shall be deemed to be
expenses incurred by it or them in carrying into effect the
Nuisances Removal Acts.

THE PUBLIC HEALTH ACT, 1872 *
35 & 36 Vict. c. 79.

34. — Where in any local Acts the consent, sanction or As to consent
confirmation of one of Her Majesty's principal Secretaries of ^^^^^
State is required with respect to the borrowing of any money, Board r?^Sred
to the giving effect to any bye-laws, or to the appointment of incerta^ncases.
any officer for sanitary purposes, the consent, sanction or con-
firmation of the Local Government Board shall be required
instead of that of the Secretary of State.

The consent of the Local Government Board, and not that
of the Treasury, shall be required to the borrowing of money
for the purpose of the Baths and AVash-houses Acts.

If any question arises as to what are sanitary purposes within
the meaning of this section, the determination of the Local
Government Board on such question shall be conclusive.

35— The powers and duties of the Board of Trade under power^and
the Alkali Act, 1863, and any Act amending the same and duties of Board
under the Metropolis Water Acts, 1852 and 187 1, shall be exer- of Trade under
cisable and performed by the Local Government Board, Alkali Act,
and "the Local Government Board" shall be deemed to be m^,^'
substituted for " the Board of Trade " wherever the latter WatTrActs,
expression occurs in the said Acts. 1852 & 1871,

* See s. 142 (5) of the Public Health (London) Act, 1891, stit>ra, p. 207. Government

S Board.

254

Appendix.

Transfer of 36. — All powers, duties, and acts vested in, imposed on or
dudes ©r"^ required to be done by or to one of Her Majesty's principal
Secretary of Secretaries of State by the several Acts of Parliament relating
State under to highways in England and Wales, and to turnpike roads,
High^vay and and trusts, and bridges in England and Wales, shall be imposed
io^Locar ^^^^ ^^"^ Local Government Board, subject

Government conditions, liabilities and incidents to which such

Board. powers, duties and acts were respectively subject immediately

before the passing of the Public Health Act, 1872, or as near

thereto as circumstances admit.

FACTORY AND WORKSHOP ACT, 1878.*
41 Vict. c. 16.

An Act to Consolidate and Amend the Law relating to
Factories and Workshops.

[27th May, 1878.]

Be it enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assem-
bled, and by the authority of the same, as follows :

Prelimi^iary.

Short title. 1. — This Act may be cited as the Factory and Workshop
Act, 1878.

PART L

General Law relating to Factories and Workshops.
(i.) Sanitary Provisions.

Sanitary condi- 3. — A factory and a workshops shall be kept in a cleanly
tion of factory ^x^x^ and free from effluvia arising from any drain, privy, or
and workshop. ^^^^^ nuisance.

A factory or workshop shall not be so overcrowded while
work is carried on therein as to be injurious to the health of
the persons employed therein, and shall be ventilated in such
a manner as to render harmless, so far as is practicable, all
the gases, vapours, dust, or other impurities generated in the
course of the manufacturing process or handicraft, carried on
therein that may be injurious to health.

A factory or workshop in which there is a contravention of
this section shall be deemed not to be kept in conformity with
this Act.

* See s. 2 of the Public Health (London) Act, 1891, stipra, p. 7.
f The words in italics are repealed by the Factory and Workshop
Act, 1 89 1, infra^ see ss. 5 & 39.

Appendix.

255

4. — Where it appears to an inspector under this Act that Notice by
any act, neglect, or default in relation to any drain, water- inspector to^^^
closet, earth-cToset, privy, ash-pit, water-supply, nuisance, or rity'of Lnitary
other matter in a factory or workshop is punishable or reme- defects in
diable under the law relating to public health, but not under factory or
this Act, that inspector shall give notice in writing of such workshop,
act, neglect, or default to the sanitary authority in whose dis-
trict the factory or workshop is situate, and it shall be the
duty of the sanitary authority to make such inquiry into the
subject of the notice, and take such action thereon, as to that
authority may seem proper for the purpose of enforcing the
law.

An inspector under this Act may, for the purposes of this
section, take with him into a factory or a workshop a medical
officer of health, inspector of nuisances, or other officer of
the sanitary authority.

PART II.

Special Provisions relating to Particular Classes of
Factories and Workshops.

(i.) Special Provisions for Health in certain Factories
and Workshops.

33.* — For the purpose of securing the observance of Limewashing
the requirements of this Act as to cleanliness in every factory and washing
and workshops all the inside walls of the rooms of a factory ^[ f^toHerand
or workshops and all the ceilings or tops of such rooms workshops,
(whether such walls, ceilings, or tops be plastered or not), and
all the passages and staircases of a factory or workshops if
they have not been painted with oil or varnished once at least
within seven years, shall be limewashed once at least within
every fourteen months, to date from the period when last
limewashed ; and if they have been so painted or varnished
shall be washed with hot water and soap once at least within
every fourteen months, to date from the period when last
Washed.

A factory or workshop in which there is a contravention of
this section shall be deemed not to be kept in conformity with
this Act.

Where it appears to a Secretary^of State that in any class of
factories or workshops, or parts thereof, the regulations in this
section «.re not required for the purpose of securing therein
the observance of the requirements of this Act as to cleanli-
ness, or are by reason of special circumstances inapplicable,
he may, if he thinks fit, by order made under this part of this

* The words in italics are repealed by the Factory and Workshop
Act, 1891, infra. See, as to amendment of this and the next two sections,
the Factory and Workshop Act, 1883, infra. See, also, ss. 25 to 27 of
the Public Health (London) Act, 1891, supra.

S 2

256

Appendix.

Act, grant to such class of factories or workshops^ or parts
thereof, a special exception that the regulations in this section
shall not apply thereto.

Limewashing, 34. — Where a bakehouse is situate in any city, town, or
painting, and place containing, according to the last published Census for
interio?of ^ ^^^^ being, a population of more than five thousand per-
bakehouses. sons, all the inside walls of the rooms of such bakehouse, and
all the ceilings or tops of such rooms (whether such walls,
ceilings, or tops be plastered or not), and all the passages and
staircases of such bakehouse, shall either be painted with oil
or varnished or be limewashed, or be partly painted or
varnished and partly limewashed ; where painted with oil or
varnished there shall be three coats of paint or varnish, and
the paint or varnish shall be renewed once at least in every
seven years, and shall be washed with hot water and soap once
at least in every six months; where limewashed the lime-
washing shall be renewed once at least in every six months.

A bakehouse in which there is any contravention of this
section shall be deemed not to be kept in conformity with this
Act.

Provision as to 35. — Where a bakehouse is situate in any city, town, or
sleeping places place containing, according to the last published Census for
near bake- \!m\^ being, a population of more than five thousand per-

ouses. ^on?,^ a place on the same level with the bakehouse, and form-

ing part of the same building, shall not be used as a sleeping
place, unless it is constructed as follows ; that is to say,

unless it is effectually separated from the bakehouse by a

partition extending from the floor to the ceiling ; and
unless there be an external glazed window of at least nine
superficial feet in area, of which at the least four and
a half superficial feet are made to open for ventilation.

Any person who lets or occupies or continues to let or
knowingly suffers to be occupied any place contrary to this
section shall be liable to a fine not exceeding, for the first
offence, twenty shillings, and for every subsequent offence five
pounds.

(4.) Special Exception for Domestic and certain other Factories
and Workshops.

61. — The provisions of this Act which relate —

(i.) To the cleanliness (including hmewashing, painting,
varnishing, and washing) or to the freedom from
effluvia, or to the overcrowding, or ventilation of a
factory or workshop ; or
(2.) To all children, young persons, and women employed
in a factory or workshop having the times allowed

Exception of
domestic
factories and
workshops and
certain other
workshops
from certain
provisions of
the Act.

Appendix.

257

for meals at the same hour of the day, or during any
part of the times allowed for meals in a factory or
workshop being employed in the factory or workshop
or being allowed to remain in any room ; or

(3.) To the affixing of any notice or abstract in a factory
or workshop ; or specifying any matter in the notice
so affixed ; or

(4.) To the allowance of any holidays to a child, young
person, or woman ; or

(5.) To the sending notice of accidents ;
shall not apply —

(a.) Where persons are employed at home, that is to say,
to a private house, room, or place which, though
used as a dwelling, is by reason of the work carried
on there a factory or workshop within the meaning
of this Act, and in which neither steam, water, nor
other mechanical power is used, and in which the
only persons employed are members of the same
family dwelling there ; or

(d.) To a workshop ivhich is conducted on the system of not
emp toy i?tg children or young persons therein, and the
occupier of which has served on an inspector notice of
his intention to conduct his workshop on this system,^

And the provisions of this Act with respect to certificates of
fitness for employment shall apply to any such private house,
room, or place as aforesaid, which by reason of the nature of
the work carried on there is a factory, as if the same were
a workshop within the meaning of this Act, and not a
factory.

Where the occupier of a workshop has served on an in-
spector notice of his intention to conduct that workshop on
the system of not employing children or young persons therein,
the workshop shall be deemed for all the purposes of this Act
to be conducted on the said system until the occupier changes
it, and no change shall be made until the occupier has served
on the inspector notice of his intention to change the system,
and until the change a child or young person employed in the
workshop shall be deemed to be employed contrary to the
provisions of this Act. A change in the said system shall not
be made oftener than once a quarter, unless for special cause
allowed in writing by an inspector.

Nothing in this section shall exempt a bakehouse from the
. provisions of this Act with respect to cleanliness (including
limewashing, painting, varnishing, and washing) or to freedom
from effluvia.

* The words in italics are repealed by the Factory and Workshop Act,
891, infra.

258

Appendix.

Exception for
certain descrip-
tions of flax
scutch mills
from certain
provisions of
Act.

Requirement
of sanitary
provisions as
condition of
special excep-
tions.

Power to
rescind order
granting or
extending
exception.

Provisions as
to order of
Secretary of
State.

62. — The regulations of this Act with respect to the em-
ployment of women shall not apply to flax scutch mills which
are conducted on the system of not employing either children
or young persons therein, and which are worked intermittently,
and for periods only which do not exceed in the whole six
months in any year. A flax scutch mill shall not be deemed
to be conducted on the system of not employing therein either
children or young persons until the occupier has served on an
inspector notice of his intention to conduct such mill on that
system.

(5.) Supplemental as to Special Provisions.

63. — Where it appears to a Secretary of State that the
adoption of any special means or provision for the cleanliness
or ventilation of a factory or workshop is required for the pro-
tection of the health of any child, young person, or woman
employed, in pursuance of an exception under this part of this
Act, either for a longer period than is otherwise allowed by
this Act, or at night, he may by order made under this part of
this Act direct that the adoption of such means or provision
shall be a condition of such employment ; and if it appears to
a Secretary of State that the adoption of any such means or
provision is no longer required, or is, having regard to all the
circumstances, inexpedient, he may, by order made under this
part of this Act, rescind the order directing such adoption
without prejudice to the subsequent making of another order.

64. — Where an exception has been granted or extended
under this part of this Act by an order of a Secretary of State,
and it appears to a Secretary of State that such exception is
injurious to the health of the children, young persons, or
women employed in, or is no longer necessary for the carrying
on of the business in, the class of factories or workshops or
parts thereof to which the said exception was so granted or
extended, he may by an order made under this part of this
Act rescind the grant or extension, without prejudice to the
subsequent making of another order.

65. — Where a Secretary of State has power to make an
order under this part of this Act, the following provisions
shall apply to that order :

(i.) The order shall be under the hand of the Secretary
of State, and shall be published in the London
Gazette^ and shall come into operation at the date
of such publication in the London Gazette^ or at
any later date mentioned in the order :

(2.) The order may be temporary or permanent, con-
ditional or unconditional, and whether extending a
prohibition or exception, granting an exception,
directing the adoption of any means or provisions or

Appendix.

259

rescinding a previous order, or affecting any other
thing, may do so either wholly or partly.

(3.) The order shall be laid as soon as may be before
both Houses of Parliament, and if either House of
Parliament, within the next forty days after the same
has been so laid before such House, resolve that such
order ought to be annulled, the same shall after the
date of such resolution be of no effect, without pre-
judice to the validity of anything done in the mean-
time under such order or to the making of any new
order :

(4.) The order, while it is in force, shall, so far as is con-
sistent with the tenor thereof, apply as if it formed
part of the enactment which provides for the exten-
sion or grant or otherwise for making the order.

66. — An occupier of a factory or workshop, not less than Provisions to
seven days before he avails himself of any special exception JJJ^^^^jjlJ^sejf of'
under this part of this Act, shall serve on an inspector, and spfciarexcep.
(except in the case of a factory or workshop to which the pro- tions, and
visions of this Act with respect to the affixing of notices do not registry of
apply) affix in his factory or workshop notice of his intention under
so to avail himself, and whilst he avails himself of the exception
shall keep the notice so affixed.

Before the service of such notice on the inspector the special
exception shall not be deemed to apply to the factory or work-
shop, and after the service of such notice on the inspector it
shall not be competent in any proceeding under this Act for
the occupier to prove that such special exception does not
apply to his factory or workshop, unless he has previously
served on an inspector notice that he no longer intends to
avail himself of such special exception.

The notice so served and affixed shall specify the hours for
the beginning and end of the period of employment, and the
times, to be allowed for meals to every child, young person,
and woman where they differ from the ordinary hours or times.

An occupier of a factory or workshop shall enter in the
prescribed register, and report to an inspector, the prescribed
particulars respecting the employment of a child, young person,
or woman in pursuance of an exception, but such entry and
report need not be made in the case of a factory or workshop
to which the provisions of this Act with respect to the affixing
of notices do not apply, except so far as may be from time to
time prescribed by a Secretary of State.

Where the occupier of a factory or workshop avails himself
of an exception under this part of this Act, and a condition
for availing himself of such exception (whether specified in
this part of this Act, or in an order of a Secretary of State
made under this part of this Act is not observed in that
factory or workshop, then •

26o

Appendix.

(i.) If such condition relates to the cleanHness, ventila-
tion, or overcrowding of the factory or workshop,
the factory or workshop shall be deemed not to be
kept in conformity with this Act ; and

(2.) In any other case a child, young person, or woman
employed in the factory or workshop, in alleged
pursuance of the said exception, shall be deemed to
be employed contrary to the provisions of this Act.

PART III.
(4.) Fines,

Finefornot 81. — If a factory or workshop is not kept in conformity
keeping factory with this Act, the occupier thereof shall be liable to a fine not
in Sbrmk exceeding ten pounds.

with Act, ^ ^ court of summary jurisdiction, in addition to or instead

of inflicting such fine, may order certain means to be adopted
by the occupier, within the time named in the order, for the
purpose of bringing his factory or workshop into conformity
with this Act ; the court may, upon application, enlarge the
time so named, but if, after the expiration of the time as
originally named or enlarged by subsequent order, the order
is not complied with, the occupier shall be liable to a fine not
exceeding one pound for every day that such non-compliance
continues.

Fine on person 86. — Where an offence for which the occupier of a factory
committing or workshop is liable under this Act to a fine, has in fact been
° v"^^ • committed by some agent, servant, workman or other person,
is liable^^"^^^*^ ^^^^ agent, servant, workman, or other person shall be liable
to the same fine as if he were the occupier.

Power of occu- 87. — Where the occupier of a factory or workshop is
pier to exempt charged with an offence against this Act, he shall be entitled
fine^on convic "P^^ information duly laid by him to have any other ptoon
tion of thT^^^" whom he charges as the actual offender brought before the
actual offender, court at the time appointed for hearing the charge ; and if,
after the commission of the offence has been proved, the occu-
pier of the factory or workshop proves to the satisfaction of
the court that he had used due diligence to enforce the exe-
cution of the Act, and that the said other person had com-
mitted the offence in question without his knowledge, consent,
or connivance, the said other person shall be summarily con-
victed of such offence, and the occupier shall be exempt from
any fine.

When it is made to appear to the satisfaction of an inspector
at the time of discovering the offence, that the occupier of the
factory or workshop had used all due diligence to enforce the
execution of this Act, and also by what person such offence

Appendix.

261

had been committed, and also that it had been committed
without the knowledge, consent, or connivance of the occupier
and in contravention of his orders, then the inspector shall
proceed against the person whom he believes to be the actual
offender in the first instance, without first proceeding against
the occupier of the factory or workshop.

88. — A person shall not be liable in respect of a repetition Restraint on
of the same kind of offence from day to day to any larger cumulative
amount of fines than the highest fine fixed by this Act for the

offence, except — ,

(a.) where the repetition of the offence occurs after an
information has been laid for the previous offence ;
or

(d.) where the offence is one of employing two or more
children, young persons, or women contrary to the
provisions of this Act.

(5.) Legal Proceedings,

89. — All offences under this Act shall be prosecuted, and Prosecution of

all fines under this Act shall be recovered, on summary con- offences and

viction before a court of summary jurisdiction in manner '^^^'^7^'^^^"^^
•A A\ ^uo T - jw A*. application of

provided by the Summary Jurisdiction Acts. A^es.

A summary order may be made for the purposes of this Act
by a court of summary jurisdiction in manner provided by the
Summary Jurisdiction Acts.

All fines imposed in pursuance of this Act shall, save as
otherwise expressly provided by this Act, be paid into the
Exchequer.

The court of summary jurisdiction, when hearing and deter-
mining a case arising under this Act, shall be constituted either
of two or more justices of the peace sitting at some court or
public place at which justices are for the time being accus-
tomed to assemble for the purpose of holding petty sessions
or of some magistrate or officer sitting alone or with others at
some court or other place appointed for the public adminis-
tration of justice, and for the time being empowered by law to
do alone any act authorized to be done by more than one
justice of the peace.

Where a proceeding is taken before a court of summary
jurisdiction with respect to an offence against this Act alleged
to be committed in or with reference to a factory or workshop,
the occupier of that factory or workshop, and the father, son,
or brother of such occupier, shall not be qualified to act as a
member of such court.

90. — If any person feels aggrieved by a conviction or order Appeal to
made by a court of summary jurisdiction on determining an quarter
information or complaint under this Act, he may appeal there- sessions.

262

Appendix.

from ; subject, in England, to the conditions and regulations
following :

(i.) The appeal shall be made to the next practicable
court of general or quarter sessions having jurisdic-
tion in the county or place in which the decision of
the court was given, holden not less than twenty-one
days after the day on which such decision was given ;
and

(2.) The appellant shall, within ten days after the day on
which the decision of the court was given, serve
notice on the other party and on the clerk of the
court of summary jurisdiction of his intention to
appeal, and of the general grounds of such appeal ;
and

(3.) The appellant shall, within three days after such
notice is served, enter into a recognizance before a
court of summary jurisdiction, with or without a
surety or sureties as the court may direct, conditioned
to appear at the said sessions and to try such appeal,
and to abide the judgment of the court thereon, and
to pay such costs as may be awarded by the court,
or the appellant may, if the court of summary juris-
diction thinks it expedient, instead of entering into
. a recognizance give such other security by deposit
of money with the clerk of the court of summary
jurisdiction or otherwise as the court deem sufficient ;
and

(4.) Where the appellant is in custody a court of summary
jurisdiction may, if they think fit, on the appellant
entering into such recognizance or giving such other
security as aforesaid, release him from custody ; and

(5.) The court of appeal may adjourn the hearing of the
appeal, and upon the hearing thereof may confirm,
reverse, or modify the decision of the court of
summary jurisdiction, or remit the matter to the
court of summary jurisdiction with the opinion of
the court of appeal thereon, or make such other
order in the matter as the court thinks just ; and

(6.) The court of appeal may also make such order as to
costs to be paid by either party as the court thinks
just ; and

(7.) Whenever a decision is reversed by the court of
appeal the clerk of the peace shall indorse on the
conviction or order appealed against a memorandum
that the same has been quashed, and whenever any
copy or certificate of such conviction or order is
made, a copy of such memorandum shall be added
thereto, and shall be sufficient evidence that the
conviction or order has been quashed, in every case

Appendix.

263

where such copy or certificate would be sufficient
evidence of such conviction or order ; and
(8.) Every notice in writing required by this section to
be given by an appellant may be signed by him or
by his agent on his behalf, and may be transmitted
in a registered letter by the post in the ordinary way,
and shall be deemed to have been served at the time
when it would be delivered in the ordinary course of
post.

91. — The following provisions shall have effect with respect Limitation of

to summary proceedings for offences and fines under this ^^^^
Art . general pro-

visions as to

(i.) The information shall be laid within two months, or, summary
where the offence is punishable at discretion by Proceedings,
imprisonment, or is a breach of the provisions of
this Act with respect to holidays, within three
months after the commission of the offence :

(2.) The description of an offence in the words of this
Act, or in similar words, shall be sufficient in law :

(3.) Any exception, exemption, proviso, excuse, or quali-
fication, whether it does or not accompany the
description of the offence in this Act, may be proved
by the defendant, but need not be specified or nega-
tived in the information, and if so specified or nega-
tived, no proof in relation to the matters so specified
or negatived shall be required on the part of the
informant :

(4.) It shall be sufficient to allege that a factory or work-
shop is a factory or workshop within the meaning of
this Act, without more :

(5.) It shall be sufficient to state the name of the osten-
sible occupier of the factory or workshop or the title
of the firm by which the occupier employing persons
in the factory or workshop is usually known :

(6.) A conviction or order made in any matter arising
under this Act, either originally or on appeal, shall
not be quashed for want of form, and a conviction
or order made by a court of summary jurisdiction
against which a person is authorized by this Act to
appeal shall not be removed by certiorari or other-
wise, either at the instance of the Crown or of any
private person, into a superior court, except for the
purpose of the hearing and determination of a
special case.

92. — If a person is found in a factory, except at meal Evidence in
times, or while all the machinery of the factory is stopped, or summary
for the sole purpose of bringing food to the persons employed P'^oceedmgs.
in the factory between the hours of four and five o'clock in

264

Appendix.

the afternoon, such person shall, until the contrary is proved,
be deemed for the purposes of this Act to have been then
employed in the factory :

Provided that yards, playgrounds, and places open to the
public view, school rooms, waiting rooms, and other rooms
belonging to the factory in which no machinery is used or
manufacturing process carried on, shall not be taken to be
any part of the factory within the meaning of this enactment ;
and this enactment shall not apply to a factory or workshop
to which the provisions of this Act with respect to the affixing
of notices do not apply.
- ■ '- Where a child or young person is, in the opinion of the

court, apparently of the age alleged by the informant, it shall
lie on the defendant to prove that the child or young person
is not of that age.

A declaration in writing by a certifying surgeon for the dis-
trict that he has personally examined a person employed in a
factory or workshop in that district, and believes him to be
under the age set forth in the declaration, shall be admissible
in evidence of the age of that person.

A copy of a conviction for an offence against this Act pur-
porting to be certified under the hand of the clerk of the
peace having the custody of such conviction to be a true copy
shall be receivable as evidence, and every such clerk of the
peace shall, upon the written request of an inspector and pay-
ment of a fee of one shilling, deliver to him a copy of the con-
viction so certified.

Application to 101. — The provisions of section ninety-one of the Public
w^rSoTof -^^^^^^ -^^^j 1^75) with respect to a factory, workshop, or
38* &^39 Vict, workplace not kept in a cleanly state or not ventilated or
c. 55. overcrowded, shall not apply to a {2iCtoxy or woT'kshop'^ which

is subject to the provisions of this Act relating to cleanliness,
ventilation, and overcrowding, but shall apply to every other
factory, workshop, and workplace.

It is hereby declared that the Public Health Act, 1875,
shall apply to buildings in which persons are employed, what-
ever their number may be, in like manner as it applies to
buildings where more than twenty are employed.

FACTORY AND WORKSHOPS ACT, 1883. 1
46 & 47 Vict. c. 53.

An Act to Amend the Law relating to certain Factories and
Workshops.

[25th August, 1883.]

Be it enacted by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lord's Spiritual and ;

* The word in italics is repealed. |

Appendix.

265

Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows :

1. — This Act may be cited as the Factory and Workshop
Act," 1883.

Bakehouses.

15 —It shall not be lawful to let or suffer to be occupied as Regulations for
a bakehouse, or to occupy as a bakehouse, any room or place ^^^^^ ^'
which was not so let or occupied before the first day of June
one thousand eight hundred and eighty-three, unless the
following regulations are complied with :

(i.) No water-closet, earth-closet, privy, or ash-pit shall be

within or communicate directly with the bakehouse ;
(ii.) Any cistern for supplying water to the bakehouse

shall be separate and distinct from any cistern for

supplying water to a water-closet ;
(iii.) No drain or pipe for carrying off foecal or sewage

matter shall have an opening within the bakehouse.

Any person who lets or suffers to be occupied or who
occupies any room or place as a bakehouse in contravention
of this section shall be liable, on summary conviction, to a
fine not exceeding forty shillings, and to a further fine not
exceeding five shillings for every day during which any room
or place is so occupied after a conviction under this section.

16. — Where a court of summary jurisdiction is satisfied on Penalty for
the prosecution of an inspector or a local authority that any bakehouse
room or place used as a bakehouse (whether the same was or ^^^JnT

was not so used before the passing of this Act) is in such a grounds for use .
state as to be on sanitary grounds unfit for use or occupation as a bakehouse,
as a bakehouse, the occupier of the bakehouse shall be liable,
on summary conviction, to a fine not exceeding forty shillings,
and on a second or any subsequent conviction not exceeding
five pounds.

The court of summary jurisdiction, in addition to or instead
of inflicting such fine, may order means to be adopted by the
occupier, within the time named in the order, for the purpose
of removing the ground of complaint. The court may, upon
application, enlarge the time so named, but if, after the expira-
tion of the time as originally named or enlarged by subsequent
order, the order is not complied with, the occupier shall be
liable to a fine not exceeding one pound for every day that
such non-compliance continues.

17. * — (i-) As respects every retail bakehouse, the provisions 'E^^^o'^f^^^^'^^^^
of this part of this Act and of sections three, thirty-three, thirty- ^^^^^^
four, and thirty five of the Factory and Workshop Act, T8y8\^^l^Z^J

* Sub-sections (i) and (2) are repealed by the Public Health (London)
Act, 1 89 1, supi-a, and sub-sections (2) and (3) by the Factory and Work-
shop Act, 1 89 1, zfi/ra.

266

Appendix.

( which relate to cleanliness, ventilation, overcrowding, and other
sanitary conditions), shall be enforced by the local authority of
the district in which the retail bakehouse is situate, and not by
an inspector under the Factory and Workshop Act, i8y8 ; a?id
for the purposes of this section the medical officer of health of the
local authority shall have and exercise all such powers of entry,
inspection, taking legal proceedings and otherwise, as an inspector
under the Factory and Workshop Act, i8y8.

(2.) If any child, young person, or W07nan is employed in any
retail bakehouse, and the medical officer of the local authority
becojnes aware thereof, he shall forthwith give written notice
thereof to the factory inspector for the district.

(3.) An inspector under the Factory and Workshop Act, i8y 8,
shall not, as respects any retail bakehouse, exercise the powers of
entry and inspection conferred by that Act, unless he has notice
or reasonable cause to believe that a child, young person, or
wotnan is employed therein.

Construction 18. — This Act shall be construed as one with the Factory

of Act and and Workshop Act, 1878 ; and in this Act, unless the context

4f& 42 vict. otherwise requires -

c. 16. • • • • •

The expression " retail bakehouse " means any bakehouse
or place, the bread, biscuits, or confectionery baked
in which are not sold wholesale but by retail in some
shop or place occupied together with such bake-
house :

The expression " local authority " means, as respects the
City of London and the liberties thereof, the Com-
missioners of Sewers ; as respects the parishes and
districts mentioned in the Schedules A. and B.
18 & 19 Vict. annexed to the Metropolis Management Act, 1855,

and any parish to which the said Act may be
extended by Order in Council in manner in the said
Act provided, the vestries and district boards elected
under the said Act ; and as respects any urban
sanitary district, the urban sanitary authority, and as
respects any rural sanitary district, the rural sanitary
authority within the meaning of the Public Health
Act, 1875.

c. 120.

THE FACTORY AND WORKSHOP . ACT, 1891.

54 & 55 Vict. c. 75-

An Act to amend the Law relating to Factories and Work-
shops.

[5th August, 1 89 1.]

Whereas it is expedient to amend the Factory and Work-
shop Act, 1878 (herein-after referred to as the principal Act) :

Appendix.

267

Be it therefore enacted by the Queen's most Excellent
Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Par-
liament assembled, and by the authority of the same, as follows :

1. — (i.) If the Secretary of State is satisfied that the pro- Powers of

visions of the law relating to public health as to effluvia Secretary of

arising from any drain, privy, or other nuisance, or with ^^^^f *°

° , • T f sanitary pro-

respect to cleanlmess, ventilation, overcrowding or lime- visions in

washing are not observed in any workshops or class of work- workshops.

shops (including workshops conducted on the system of not

employing any child, young person, or woman therein), or

laundries, he may, if he thinks fit, by order, authorize and

direct an inspector or inspectors under the principal Act to

take, during such period as may be mentioned in the order,

such steps as appear necessary or proper for enforcing the

said provisions.

(2.) An inspector authorized in pursuance of this section

shall, for the purpose of his duties, have the same powers

with respect to workshops and laundries to which this section

applies, as he has under the principal Act as amended by this

Act with respect to factories, and may for the same purpose

take the like proceedings for punishing or remedying any

default in compliance with the said provisions of the law

relating to public health as might be taken by the sanitary

authority of the district in which the workshops or laundries

are situate, and shall be entitled to recover from that sanitary

authority all such expenses in and about any proceedings in

respect of such workshops or laundries as he may incur and

are not recovered from any other person, and have not been

incurred in any unsuccessful proceedings.

2. — (i.) Section four of the principal Act shall apply to work- Powers of fac-
shops conducted on the 'system of not employing any child, tory inspector
young person, or woman therein, and to laundries. ^^"^^5 "o^ice to

(2.) Where notice of an act, neglect, or default is given by s^^^^^^ary autho-
an inspector under the said section four, as amended by this
Act, to a sanitary authority, and proceedings are not taken
within a reasonable time for punishing or remedying the act,
neglect, or default, the inspector may t^ke the like pro-
ceedings for punishing or remedying the same as the sanitary
authority might have taken, and shall be entitled to recover
from the sanitary authority all such expenses in and about the
proceedings as the inspector incurs and are not recovered from
any other person, and have not been incurred in any unsuc-
cessful proceedings.

3. — (i.) Sections three and thirty- three of the Factory and Enforcement by
Workshop Act, 1878 (which relate to cleanliness, ventilation, oriS^pro?^^
and overcrowding in, and lime- washing of, factories and work- visions as to
shops), shall cease to apply to workshops. 72°vi5.°c!'i6! ^

54 & 55 Vict. c. 76,

268

Appendix.

(2.) For the purpose of their duties with respect to work-
shops (not being workshops to which the PubHc Health
. (London) Act, 1891, appHes), a sanitary authority and their
officers shall, without prejudice to their other powers, have
all such powers of entry, inspection, taking legal proceed-
ings or otherwise, as an inspector under the principal Act.

(3.) If any child, young person, or woman is employed in
a workshop, and the medical officer of the sanitary authority^
becomes aware thereof, he shall forthwith give written notice-
thereof to the factory inspector of the district.
Cleanliness 4. — (i.) Every workshop as defined by the principal Act
and lime-wash- (including any workshop conducted on the system of not
shops 7s& \q ^"^ployii^g child, young person, or woman therein), and
Vict. c. 55. every workplace within the meaning of the PubHc Health
Act, 1875, shall be kept free from effluvia arising from any
drain, water-closet, earth-closet, privy, urinal, or other nuisance,
and unless so kept shall be deemed to be a nuisance liable
to be dealt with summarily under the law relating to public
health.

(2.) Where on the certificate of a medical officer of health
or inspector of nuisances it appears to any sanitary authority
that the lime-washing, cleansing, or purifying of any such
workshop, or of any part thereof, is necessary for the health
of the persons employed therein, the sanitary authority shall
give notice in writing to the owner or occupier of the work-
shop to lime-wash, cleanse, or purify the same or part thereof,
as the case may require.

(3.) If the person to whom notice is so given fails to comply
therewith within the time therein specified, he shall be liable
to a fine not exceeding ten shillings for every day during
which he continues to make default, and the sanitary authority
may, if they think fit, cause the workshop or part to be lime-
washed, cleansed, or purified, and may recover in a summary
manner the expenses incurred by them in so doing from the
person in default.

54 & 55 Vict. (4.) This section shall not apply to any workshop or work-
er 76. place to which the Public Health (London) Act, 1891, applies.

Amendment of 5. — In section three of the principal Act, for the word
41 & 42 Vict, "privy" shall be substituted the words "water-closet, earth-
to sanitary closet, privy, urinal," and for the words " injurious to the
provisions. health of the persons employed therein " shall be substituted

the words " dangerous or injurious to the health of the

persons employed therein."

Amendment of 21. — There shall be repealed so much of section sixty-one
41 & 42 Vict, of the principal Act as enacts that the provisions therein men-
to exeni tk)n^^ tioned shall not apply to a workshop which is conducted on the
ofc?rtSnwSk- system of not employing children or young persons therein,
shops. and the occupier of which has served on an inspector notice

of his intention to conduct his workshop on that system.

Appendix.

269

28. — The fine imposed on a conviction under sections Minimum
sixty-eight, eighty-one, eighty-two, or eighty-three of the prin- ^^g^J^in^cases
cipal Act, for any offence in relation to a factory, shall, in case

of a second or subsequent conviction for the same offence
within two years from the last conviction for that offence, be
not less than one pound for each offence.

29. — In summary proceedings for offences and fines under Limitation of
the principal Act as amended by any subsequent Act, an ^^^^
information may be laid within three months after the date ^^J^ ^'^^^

at which the offence comes to the knowledge of a factory
inspector, or in case of an inquest being held in relation to
the offence, then within two months after the conclusion of
the inquest, so, however, that it shall not be laid after the ex-
piration of six months from the commission of the offence.

30. — Section ninety-two of the principal Act shall apply to Amendment of

a workshop in like manner as it applies to a factory. 41 & 42 Vict.

c. 16, s. 92.

31. — In section ninety-three of the principal Act for the Amendment of
words " a place solely used as a dwelling shall not be deemed to 4i & 42 Vict,
form part of the factory or workshop for the purposes of this ^' ^*
Act," shall be substituted the words " a room solely used for

the purpose of sleeping therein shall not be deemed to form
part of the factory or workshop for the purposes of this Act."

36. — ^The expression "retail bakehouse" in the Factory Amendment of
and Workshops Act, 1883, shall not include any place which ^ 47 V^ct
is a factory within the meaning of the principal Act. ^* ^* ^

37. — (2.) In this Act the expression " domestic workshop " Definition of
means a workshop to which section sixteen of the principal "domestic
Act applies. workshop."

38. — There shall be added in line three, sub-section (3), of Amendment of
the Fourth Schedule of the principal Act, after " earthenware," 4^ ^ 42 Vict,
the words " or china." ^-

39. — The enactments specified in the Second Schedule to Repeal,
this Act are hereby repealed to the extent mentioned in the

third column of that schedule.

Provided that any special rules or requirements made under
any enactment repealed by this Act shall continue to have
effect as if made under this Act, and the provisions of this Act
shall apply thereto accordingly.

40. — This Act shall, except where it is otherwise expressed, Commence-
come into operation on the first day of January one thousand ^^^^
eight hundred and ninety-two.

41. — (i.) This Act may be cited as "The Factory and short title and
Workshop Act, 1891," and shall be construed as one with the construction.
Factory and Workshop Act, 1878.

270

Appendix.

41 & 42 Vict. (2.) The Factory and Workshop Act, 1878, the Factory and

c. 16. ^Vorkshop Act, 1883, and the Cotton Cloth Factories Act,

46 & 47 Vict, jgg^^ j^^y^ together with this Act, be cited collectively as

5 &*53 Vict. " Factory and Workshops Acts, 1878 to 1891."

c 62.

SECOND SCHEDULE. (Section 39.)

Enactments Repealed.

Session and
Chapter.

Title or Short Title.

Extent of Repeal.

41 & 42 Vict,
c. 16.

46 & 47 Vict,
c. 53.

51 & 52 Vict.

c. 22.

52 & 53 Vict,
c. 62.

The Factory and Work-
shop Act, 1878.

The Factory and Work-
shop Act, 1883.

The Factory and Work-
shop Amendment{Scot-
land)Act, 1888.

The Cotton Cloth Fac-
tories Act, 1889.

In section three, the words
"and a workshop" and
"or workshop" wherever
they occur.

In section five, sub-section (i)
the words "near to which
any person is liable to pass
or to be employed."

Sections six, seven, and eight.

Section fifteen, from "and"
at the end of sub-section (i)
to the end of the section.

In section twenty-two, sub-
section (4).

In section thirty-one thf
words "and is of such a
nature as to prevent the per-
son injured by it from re-
turning to his work in the
factory or workshop within
forty-eight hours after the
occurrence of the accident. "

In section thirty-three the
words "and workshop," "or
workshop," and "or work-
shops," wherever they re-
spectively occur.

Section sixty-one, from " or "
at the end of the paragraph
marked {a) to the words
" workshop on that system. "

Section sixty-nine.

Section ninety-one, from
" (i.) The information shall
be laid" to "commission of
the offence."

In section one hundred and
one, the words "or work-
shop."

Sections seven to twelve and
sub-sections (2) and (3) of
section seventeen.

The whole Act.

Section twelve.

Appendix.

271

THE DAIRIES, COW-SHEDS, AND MILK-SHOPS
ORDER OF 1885.

At the Council Cha??iber, Whitehall, the isth day of June 1885,
By Her Majesty's Most Honourable Privy Council.

Present.

LORD PRESIDENT. MR. TREVELYAN.

The Lords and others of Her Majesty's Most Honourable
Privy Council, by virtue and in exercise of the powers in them
vested under the Contagious Diseases (Animals) Act, 1878,
and of every other power enabling them in this behalf, do
order, and it is hereby ordered, as follows : —

1. — This Order may be cited as " The Dairies, Cow-sheds, Short title,
and Milk-shops Order of 1885."

2. — This Order extends to England and Wales and Scot- Extent,
land only.

3. — This Order shall commence and take effect from and Commence-
immediately after the thirtieth day of June, one thousand ment.
eight hundred and eighty-five.

4. — In this Order — Interpretation.
The Act of 1878 means the Contagious Diseases (Animals)

Act, 1878.

Other terms have the same meaning as in the Act of 1878.

5. — The Dairies, Cow-sheds, and Milk-shops Order of July, Revocation of
1879, is hereby revoked : Provided that nothing in this Order former Order,
shall be deemed to revive any Order of Council thereby

revoked or to invalidate or make unlawful anything done
before the commencement of this Order, or interfere with the
institution or prosecution of any proceeding in respect of any
offence committed against, or any penalty incurred under, the
said Order hereby revoked.

6. — (i-) It shall not be lawful for any person to carry on Registration of
in the district of any local authority the trade of a cow-keeper, dairymen and
dairyman, or purveyor of milk unless he is registered as such

therein in accordance with this Article. ,

(2.) Every local authority shall keep a register of persons
from time to time carrying on in their district the trade of
cow-keepers, dairymen, or purveyors of milk, and shall from
time to time revise and correct the register.

(3.) The local authority shall register every such person,
but the fact of such registration shall not be deemed to
authorize such person to occupy as a dairy or cow-shed any

T 2

2/2

Appendix.

Construction
and water-
supply of new
dairies and
cow- sheds.

particular building or in any way preclude any proceedings
being taken against such person for non-compliance with or
infringement of any of the proceedings of this Order or any
regulation made thereunder.

(4.) The local authority shall from time to time give public
notice by advertisement in a newspaper circulating in their
district, and, if they think fit, by placards, handbills, or other-
wise, of registration being required, and of the mode of
registration.

(5.) A person who carries on the trade of cow-keeper or
dairyman for the purpose only of making and selHng butter or
cheese or both, and who does not carry on the trade of pur-
veyor of milk shall not, for the purposes of registration, be
deemed to be a person carrying on the trade of cow-keeper or
dairyman, and need not, by reason thereof, be registered.

(6.) A person who sells milk of his own cows in small
quantities to his workmen or neighbours for their accom-
modation, shall not, for the purposes of registration, be
deemed, by reason only of such selling, to be a person carrying
on the trade of cow-keeper, dairyman, or purveyor of milk,
and need not, by reason thereof, be registered.

7. — (i.) It shall not be lawful for any person following the
trade of cow-keeper or dairyman to begin to occupy as a dairy
or cow-shed any building not so occupied at the commence-
ment of this Order, unless and until he first makes provision,
to the reasonable satisfaction of the local authority, for the
lighting, and the ventilation including air-space, and the
cleansing, drainage, and water-supply, of the same, while
occupied as a dairy or cow-shed.

(2.) It shall not be lawful for any such person to begin so to
occupy any such building without first giving one month's
notice in writing to the local authority of his intention so
to do.

Sanitary state 3^ — It shall not be lawful for any person following the
a^cT^cow^sheds ^^^^ cow-keeper or dairyman to occupy as a dairy or cow-
an cow-sie s gj^g^ g^j^y building, whether so occupied at the commencement
of this Order or not, if and as long as the lighting, and the
ventilation including air-space, and the cleansing, drainage,
and water-supply thereof, are not such as are necessary or
proper —

{a.) for the health and good condition of the cattle therein ;
and

{b.) for the cleanliness of milk- vessels used therein for

containing milk for sale ; and
{c.) for the protection of the milk therein against infection

or contamination.

Contamination g_ — It shall not be lawful for any person following the
of milk.

Appendix.

273

trade of cow-keeper or dairyman or purveyor of milk, or

being the occupier of a milk-store or milk-shop —

{a.) to allow any person suffering from a dangerous in-
fectious disorder, or having recently been in contact
with a person so suffering, to milk cows or handle
vessels used for containing milk for sale, or in any
way to take part or assist in the conduct of the
trade or business of the cow-keeper or dairyman,
purveyor of miik, or occupier of a milk-store or
milk-shop, so far as regards the production, distri-
bution, or storage of milk ; or
{b.) if himself so suffering or having recently been in
contact as aforesaid, to milk cows, or handle vessels,
used for containing milk for sale, or in any way ta
take part in the conduct of his trade or business, as.
far as regards the production, distribution, or storage
of milk —

until in each case all danger therefrom of the communication!
of infection to the milk or of its contamination has ceased.

10. — It shall not be lawful for any person following the
trade of cow-keeper or dairyman or purveyor of milk, or being
the occupier of a milk-store or milk-shop, after the receipt of
notice of not less than one month from the local authority^
calling attention to the provisions of this article, to permit
any water-closet, earth-closet, privy, cesspool, or urinal to be
within, communicate directly with, or ventilate into, any dairy
or any room used as a milk-store or milk-shop.

11. — It shall not be lawful for any person following the
trade of cow-keeper or dairyman or purveyor of milk, or being
the occupier of a milk-store or milk-shop to use a milk-store
or milk-shop in his occupation, or permit the same to be used
as a sleeping apartment, or for any purpose incompatible with
the proper preservation of the cleanliness of the milk-store or
milk-shop, and of the milk-vessels and milk therein, or in any
manner likely to cause contamination of the milk therein.

12. — It shall not be lawful for any person following the
trade of cow-keeper or dairyman or purveyor of milk to keep
any swine in any cowshed or other building used by him for
keeping cows, or in any milk-store or other place used by him
for keeping milk for sale.

13. — A local authority may from time to time make regu- Regulations of
lations for the following purposes, or any of them : local

{a.) For the inspection of cattle in diiries. authority.

(b.) For prescribing and regulating the lighting, ventilation,
cleansing, draining, and water-supply of dairies and cow-sheds
in the occupation of persons following the trade of cow-
keepers or dairymen.

274

Appendix.

(<r.) For securing the cleanliness of milk-stores, milk-shops,
and of milk-vessels used for containing milk for sale by such
persons.

{d.) For prescribing precautions to be taken by purveyors of
milk and persons selling milk by retail against infection or
contamination.

Provisions as 14. — The following provisions shall apply to regulations

to regulations made by the local authority under this order : —
of local

authority. (i-) Every regulation shall be published by advertisement

in a newspaper circulating in the district of the local authority.

(2.) The local authority shall send to the Privy Council a
copy of every regulation made by them not less than one
month before the date named in such regulation for the same
to come into force.

(3.) If at any time the Privy Council are satisfied on in-
quiry, with respect to any regulation, that the same is of too
restrictive a character, or otherwise objectionable, and direct
the revocation thereof, the same shall not come into operation
or shall thereupon cease to operate, as the case may be.

Existence of 15. — If at anytime disease exists among the cattle in a
disease among dairy or cow-shed, or other building or place, the milk of a
cattle. diseased cow therein —

(a.) shall not be mixed with other milk ; and
(b.) shall not be sold or used for human food ; and
{c.) shall not be sold or used for food of swine, or other
animals, unless and until it has been boiled.

Acts of local 16. — (i.) All orders and regulations made by a local
authorities. authority under the Dairies, Cow-sheds, and Milk-shops Order
of July, 1879, or any Order revoked thereby, and in force at
the making of this Order shall, as far as the same are not varied
by or inconsistent with this Order, remain in force until
altered or revoked by the local authority.

(2.) Forms of registers and other forms which have been
before the making of this Order prepared for use by a local
authority under the Dairies, Cow-sheds, and Milk-shops Order
of July, 1879, or any Order revoked thereby, may be used as
far as they are suitable for the purposes of this Order.

Scotland. 17, — Nothing in this Order shall be deemed to interfere

with the operation of The Cattle Sheds in Burghs (Scotland)
Act, 1866.

C. L. Peel.

Appendix.

?75

THE CONTAGIOUS DISEASES (ANIMALS) ACT,

1886.

49 & 50 Vict. c. 32.

Local Government Board,

Whitehall, S.W.,

20th October^ 1886.

Sir,

I am directed by the Local Government Board to ad-
vert to section 9 of the Contagious Diseases (Animals) Act,
1886, which has transferred to the Board and to urban and
rural sanitary authorities in their several districts certain powers
relating to the regulation of dairies, cow-sheds, and milk-
shops, formerly exercised by the Privy Council and the local
authorities acting under the Contagious Diseases (Animals)
Act, 1878.

It has been suggested to the Board that it would be con-
venient if the attention of sanitary authorities were specially
drawn to this enactment, with a view of informing them of the
powers which have thus been conferred on them.

The section in question has provided that the powers vested
in the Privy Council of making General or Special Orders
under section 34 of the Act of 1878 shall henceforth be exer-
cisable by the Board, who may from time to time alter or
revoke any such Order ; and that for the purposes of the two
sections and any Order in force thereunder, the expression
" local authority " (unless the context otherwise requires) shall,
outside the metropolis, have the same meanings as in the
Public Health Act, 1875; in other words shall mean the urban
or rural sanitary authority, as the case may be.
' Section 34 of the Act of 1878 enabled the Privy Council to
make orders for the following purposes :- —

(i.) For the registration with the local authority of all
persons carrying on the trade of cow-keepers, dairy-
men, or purveyors of milk.
(2.) For the inspection of cattle in dairies, and for pre-
scribing and regulating the lighting, ventilation,
cleansing, drainage, and water-supply of dairies and
cow-sheds in the occupations of persons following
the trade of cow-keepers or dairymen.
(3.) For securing the cleanliness of milk-stores, milk-
shops, and of milk-vessels used for containing milk
for sale by such persons,
r. (4.) For prescribing precautions to be taken for protecting
milk against infection or contamination.
(5.) For authorizing a local authority to make regulations
for the purposes aforesaid, or any of them, subject to
such conditions, if any, as the Privy Council might
c prescribe.

2/6

Appendix.

In pursuance of the last-mentioned section the Privy
Council on the 15th June, 1885, made an Order known as
"The Dairies, Cow-Sheds, and Milk-Shops Order of 1885," a
copy of which is enclosed for the information of the sanitary
authority.

It will be seen that this Order, subject to the exceptions
therein specified, required the local authority to keep a register
of persons from time to time carrying on in their district the
trade of cow-keepers, dairymen, or purveyors of milk, and in
this connexion it may be mentioned that the recent Act has
provided that in counties so much of this register as relates to
the district of the sanitary authority, or a copy thereof, shall be
delivered to the sanitary authority by the county authority. If,
therefore, this has not already been furnished to the sanitary
authority, it would be well that the sanitary authority should
apply for it to the county authority.

The Order also contains provisions with respect to the light-
ing, ventilation, cleansing, drainage, and water-supply of dairies
and cow-sheds, the contamination of milk, and the sale and use
of the milk of diseased cows ; and it enabled local authorities,
subject to the control of the Privy Council, to make regulations
for the following purposes : —

{a.) For the inspection of cattle in dairies.
{b.) For prescribing and regulating the lighting, ventila-
tion, cleansing, drainage, and water-supply of dairies
and cow-sheds in the occupation of persons following
the trade of cow-keepers or dairymen,
(^r.) For securing the cleanliness of milk-stores, milk-
shops, and of milk vessels used for containing milk
for sale by such persons.
{d.) For prescribing precautions to be taken by purveyors
of milk and persons selling milk by retail against in-
fection or contamination.
The above Order and the regulations made by county
authorities under it or under previous Orders of the Privy
Council, and in force at the passing of the recent Act, are to
be deemed to have been made respectively by the Board, and
so far as they extend to the district of the sanitary authority,
by the sanitary authority. It is manifestly desirable, therefore,
that every sanitary authority should ascertain whether any such
regulations are in force in their district, and that if so, they
should obtain copies of them.

Any expenses incurred by the sanitary authority in pursuance
of the powers transferred to them by the recent Act are to be
defrayed as if they were incurred in the execution of the PubHc
Health Act, 1875, the case of a rural authority are to

be deemed to be general expenses.

For the purpose of enforcing orders under section 34 of the
Act of 1878, and any regulations made thereunder, sanitary
authorities and their officers will have the same right to be

Appendix.

277

admitted to any premises as they have under section 102 of
the Public Health Act, 1875, for the purpose of examining as
to the existence of nuisances ; but no entry may be made,
except with the permission of the local authority under the
Contagious Diseases (Animals) Act, 1878, into any cow-shed
or other place in which an animal infected with any disease is
kept, and which is situate in a place declared to be infected
with such disease.

The Board understand that the Agricultural Department of
the Privy Council are of opinion that it is desirable, for the
due carrying out of the Contagious Disease (Animals) Acts,
that the officers of sanitary authorities should give notice to
the county authorities of any disease of animals found by them
in any dairy or cow-shed; and the Board suggest that the
sanitary authority should give directions to their officers to
furnish this information to the county authority.

I am. Sir,

Your obedient Servant,

Hugh Owen,

Secretary.

The Clerk to the Sanitary Authority.

THE CONTAGIOUS DISEASES (ANIMALS) ACT

1886.

49 & 50 Vict. c. 32.

Local Government Board,

Whitehall, S.W.,

jrd November, 1886.

Sir,

I am directed by the Local Government Board to
enclose two copies of an Order which they have issued in
pursuance of section 9 of the Contagious Diseases (Animals)
Act, 1886, for the purpose of amending "The Dairies, Cow-
sheds, and Milk-shops Order of 1885," made by the Privy
Council under Section 34 of the Contagious Diseases (Animals)
Act, 1878.

Article 13 of the Order of 1885 provides that a local
authority may from time to time make regulations for the
purposes mentioned in that article, and by Article 14 of the
Order it is required that every regulation so made by a local
authority shall be sent by them to the Privy Council, and that
if, at any time, the Privy Council are satisfied on inquiry with
respect to any such regulation that the same is of too restric-
tive a character, or otherwise objectionable, and direct the

2/8

Appendix.

revocation thereof, the same shall not come into operation, or
shall thereupon cease to operate, as the case may be.

The Board are advised that in the absence of an Order of
the Board amending the Order of 1885, regulations made by
a local authority would have to be sent to the Privy Council,
and that the power conferred by Article 14 would still be
exercisable by that Department and not by the Board. As it
is not intended that this should be the case, the Board by the
Order which they have issued have substituted the words
" Local Government Board," for the words " Privy Council,"
in Article 14 of the Order of 1885. Hence all regulations
made by local authorities in future under that Order must be
sent to the Board and not the Privy Council.

The Board are further advised that it is doubtful whether
the penalties imposed by the Act of 1878, for offences against
that Act, are, since the passing of the Act of 1886, applicable
to an offence against the Order of 1885. In these circum-
stances the Board have deemed it advisable to exercise the
power conferred upon them by sub-section (5) of section 9 of
the Act of 1886, and they have therefore, by the Order which
they have now issued, imposed penalties for offences against
the Order of 1885.

It will be observed that the penalties so imposed are those
which under section 183 of the Public Health Act, 1875, may
be imposed by any sanitary authority for offences against bye-
laws made by them under that Act. This is in accordance
with the requirements of sub-section (5) of section 9 of the
Act of 1886. ,

I am, Sir,

Your obedient Servant,

Hugh Owen,

Secretary.

The Clerk to the Sanitary Authority.

THE DAIRIES, COW-SHEDS, AND MILK-SHOPS
AMENDING ORDER, 1886.

[Date of Publication in the London Gazette, 2nd Nov. 1886.]

To THE Mayor and Commonalty and Citizens of the
City of London, acting by the Mayor, Aldermen, and
Commons of that City in Common Council assembled : —

the Metropolitan Board of Works ; —

To the several Urban and Rural Sanitary Authorities for the
time being in England and Wales ; —
And to all others whom it may concern .. „

Appendix.

279

Whereas by section 34 of the Contagious Disease (Animals)
Act, 1878 (herein-after referred to as " the principal Act "), it
was enacted that Her Majesty's Most Honourable Privy
Council (herein-after referred to as " the Privy Council ")
might from time to time make such general or special Orders
as they should think fit, subject and according to the provisions
of the Act, for the purposes specified in that section ;

And whereas on the 15th day of June, 1885, the Privy
Council, in pursuance of the powers vested in them by the
principal Act, made a General Order known as " The Dairies,
Cow-sheds, and Milk-shops Order of 1885" (herein-after re-
ferred to as "the Order of 1885 ") ; and such Order extends
to the whole of England and Wales ;

And whereas by article 14 of the Order of 1885, it is pro-
vided that a copy of every regulation therein referred to shall
be sent to the Privy Council, and that if at any time the Privy
Council are satisfied on inquiry with respect to any regulation
that the same is of too restrictive a character, or otherwise
objectionable, and direct the revocation thereof, the same shall
not come into operation, or shall thereupon cease to operate,
as the case may be ;

And whereas by section 9 of the Contagious Diseases
(Animals) Act, 1886 (herein-after referred to as "the Act of
1886 "), it is enacted as follows :—

"(i.) The powers vested in the Privy Council of making
general or special Orders under section thirty-four of the
principal Act, for the purposes in that section mentioned, are
hereby transferred to and shall henceforth be exercisable by
the Local Government Board ; every such Order shall have
effect as if enacted in this section, and shall be published in
such manner as the Local Government Board may direct, and
the said Board may from time to time alter or revoke any
such Order."

"(2.) For the purposes of the said section and this section,
and of any Order in force thereunder, the expression 'local
authority,' unless the context otherwise requires, in the metro-
polis has the same meanings as in the principal Act, and else-
where has the same meaning as in the Public Health Act,

1875."

* -5^ -X- -X- -H- *

" (5.) The like penalties for offences against orders or regu-
lations made for the purposes of section 34 of the principal
Act as amended by this section may be imposed by the Local
Government Board or local authority making the same, and
such offences may be prosecuted and penalties recovered in a
summary manner, and subject to the like provisions, as if such
orders or regulations were bye-laws of a local authority under
the Public Health Act, 1875, and as if the local authority men-
tioned in that Act included a local authority in the metropolis
as defined in this section."

28o

Appendix.

" (6) (a.) The Dairies, Cow-sheds, and Milk-shops Order of
1885, and any regulations thereunder, or having elfect in
pursuance thereof, made by any local authority under the
principal Act, other than the local authority of a county, shall
be deemed to have been made respectively by the Local
Government Board and by a local authority under this
section."

And whereas it is expedient that the Order of 1885 should
be altered as herein-after mentioned, and that penalties should
be imposed for offences against such Order :

Now THEREFORE, We, the Local Government Board, in
pursuance of the powers vested in us by the Act of 1886,
hereby order as follows : —

Article i. — This Order may be cited as "The Dairies,
Cow-sheds, and Milk-shops Amending Order of 1886."

Article 2. — Article 14 of the Order of 1885 shall be
altered by the substitution therein of the words " Local
Government Board " for the words " Privy Council " occurring
therein.

Article 3. — If any person is guilty of an offence against
the Order of 1885, he shall for every such offence be liable to
a penalty of five pounds, and in the case of a continuing
offence to a further penalty of forty shillings for each day
after written notice of the offence from the local authority :

Provided, nevertheless, that the justices or court before
whom any complaint may be made, or any proceedings may
be taken in respect of any such offence, may, if they think fit,
adjudge the payment as a penalty of any sum less than the
full amount of the penalty imposed by this Order.

Article 4. — In this Order the expression "local autho-
rity" means —

In the City of London and the Liberties thereof, the
Mayor and Commonalty and Citizens of the City of
London acting by the Mayor, Aldermen, and Com-
mons of that City in Common Council assembled :

In the Metropolis, except the City of London and the
Liberties thereof, the Metropolitan Board of Works :

Elsewhere than in the Metropolis, the Urban or Rural
Sanitary Authority.

Given under the Seal of Office of the Local Government
Board, this First day of November, in the year One
thousand eight hundred and eighty-six. •

(l.s.) Chas. T. Ritchie,

President.

Hugh Owen,
Secretary.

Appendix.

281

LOCAL GOVERNMENT ACT, 1888.

Medical Officers of Health {Metropolis).

Local Government Board,
Whitehall, S.W.,

30//^ March, 1889.

Sir,

I am directed by the Local Government Board to
draw attention to paragraph {c) of section 88 of the Local
Government Act, 1888, by which section 191 of the Public
Health Act, 1875, is, after the ist of April 1889, made appli-
cable to the metropolis in like manner as if the commis-
sioners of sewers in the City of London, and every vestry of
Si parish in Schedule A., and district board of a district in
Schedule B. to the Metropolis Management Act, 1855, or
under any Act amending the same, were a local authority
within the meaning of that section, and as if any medical
officer of health hereafter appointed by such commissioners,
vestry, or district board were appointed under the Public
Health Act. It is also enacted that the provisions of the
Local Government Act with respect to the qualification of a
medical officer or to the payment by a county council of a
portion of the salary of a medical officer shall apply accord-
ingly.

Under section 24 (2) {c) of the Local Government Act,
which is thus made applicable to the metropolis, so far as
medical officers of health are concerned, it will devolve on
the London county council to pay, to every local authority
for any area in the county by whom a medical officer of health
is paid, one half of the salary of such officer, where his quali-
fication, appointment, salary, and tenure of office are in
accordance with the regulations made by order under the
Public Health Act, 1875; and by section 191 of the Public
Health Act, as amended by section 24 (3) of the Local
Government Act, the Board are empowered to prescribe regu-
lations in regard to the qualification, appointment, duties,
salary, and tenure of office of a medical officer of health in
respect of whose salary payment will be made by the county
council.

The Board are also empowered to prescribe regulations in
regard to the qualification and duties of a medical officer of
health no portion of whose salary will be so paid.

The Board have accordingly issued an Order containing re-
gulations with regard to the matters above mentioned, and two
copies of it are enclosed.

The Order is divided into two parts, Part I. relating to
^every medical officer of health appointed on or after the ist of

282

Appendix.

April 1889, one half of whose salary will be payable to the
local authority by the London county council, and Part II. to
every medical officer of health appointed on or after the date
referred to, no part of whose salary will be payable by the
London county council.

In Part 11. the duties only of the medical officer of health
are prescribed ; but Part I. deals with the appointment, tenure
of office, and remuneration, as well as with the duties of any
medical officer of health to whom that Part applies.

It will be observed that before a local authority proceed to
the appointment of a medical officer of health one half of
whose salary will be payable by the county council, a state-
ment is to be submitted to the Board, in a prescribed form,
indicating the proposals of the local authority in regard to the
district for which the officer is intended to be employed, the
salary to be assigned to him, and certain other particulars.
Two copies of the form of statement are enclosed for use in
case the local authority should decide to make an appointment
with a view to repayment by the county council of one half
of the salary of the medical officer of health. Until the pro-
posals contained in the statement have been submitted to and
approved by the Board, the local authority should not proceed
with the appointment of the officer.

When such approval has been obtained, the next step, un-
less the case comes within Article 6, will be to insert, in some
public newspaper circulating in the district of the local
authority, and at least seven days before the day fixed for the
appointment, an advertisement containing the particulars men-
tioned in iVrticle 3 of the Order. The appointment will be
subject to the Board's approval.

If the local authority wish to obtain payment from the
county council in respect of the future salary of a medical
officer of health in office on the ist of April, it is necessary
that he should be appointed under the Order, but in such a
case the Board do not consider it needful that an advertise-
ment should be published in a newspaper of the proposal to
appoint the officer. They have therefore provided by Article
6 that it shall not be requisite in any case of this kind to give
notice by advertisement, if notice be given at one of the two
ordinary meetings of the local authority next preceding the
meeting at which the appointment is to be made. The article
will also apply in cases in which it is hereafter desired to re-
new appointments made under the Order for a specified
term.

Article 5 has been inserted with a view to enable a local
authority to provide in certain cases for filling up a vacancy
about to arise in the office of medical officer of health, before
the vacancy has actually arisen, and Article 7 provides for the
remuneration of a person employed to act as a substitute for
a medical officer who may be temporarily prevented by sick-

Appendix .

283

ness or accident, or other sufficient reason, from performing
his duties.

Articles 8 to 1 1 refer to the tenure of office of medical
officers of health appointed under the Order. Articles 12 to

15 relate to the salaries of officers so appointed, and Article

16 to their duties. It will be observed that the salary payable
to any such officer must be approved by the Board.

The Board do not consider it necessary to refer in detail to
the duties prescribed by the Order for medical officers of
health. For the most part they are analogous to those at
present prescribed for medical officers of health appointed
under the Public Health Act, 1875.

It will be observed that paragraph (16) of Article 16 will
require the medical officer of health to transmit to the Board
a copy of each annual and of any special report. It is im-
portant that this should be done, as, if the Board certify that
the requirement has not been complied with, a sum equal to
one half of his salary will be forfeited to the Crown, under
section 24 (2) (c) of the Local Government Act, and must be
paid by the county council into the Exchequer, and not to the
local authority.

A copy of each report, whether annual or special, must be
sent to the London county council by the medical officer of
health, and, if a copy of each annual report is not so sent,
the county council may refuse to pay any contribution which
otherwise they would, in pursuance of the Act, pay towards
the salary of the officer. See section 19 (i).

It will also be the duty of the medical officer of health to
give immediate information to the Board and to the London
county council of any outbreak of dangerous epidemic
disease within his district.

The duties assigned by Part II. of the Order to a medical
officer of health no part of whose salary is payable by the
London county council will be the same as those assigned in
the cases in which half of the salary will be paid, with the
addition that under Article 17 (i) of the order it will be in-
cumbent on the officer within seven days after his appointment
to report the same in writing to the Board.

I am directed to add that the Board have not thought it
necessary to prescribe any qualification for medical officers of
health in the metropolis, as this matter appears to them to be
sufficiently dealt with by section 18 of the Local Government
Act, taken in connexion with section 88 (c). Having regard
to these enactments, it seems to the Board that, except where
they for reasons brought to their notice may see fit specially
to allow, no person can hereafter be appointed the medical
officer of health of any district in the metropolis, or the
deputy of any such officer, unless he is legally qualified for
the practice of medicine, surgery, and midwifery.

Moreover, after the ist of January 1892, no person can be

284

Appendix.

appointed the medical officer of health of any district in the
metropolis which contained, according to the last published
census for the time being, 50,000 or more inhabitants, unless
he is qualified as above-mentioned, and also either is registered
in the medical register as the holder of a diploma in sanitary
science, public health, or State medicine, under section 2 1 of
the Medical Act, 1886, or has been during three consecutive
years preceding the year 1892 a medical officer of a district
or combination of districts with a population, according to
the last published census, of not less than 20,000 inhabitants,
or has, before the passing of the Local Government Act, been
for not less than three years a medical officer or inspector o
the Board.

I am, Sir,

Your obedient Servant,

Hugh Owen,

Secretary.

To the Clerk to the

REGULATIONS AS TO MEDICAL OFFICERS OF
HEALTH.

[28th March, 1889.]
[Date of Publication in the London Gazette, 29th March, 1889.]

To THE Commissioners of Sewers in the City of
London ; —

To the Vestries and District Boards for the time being
acting under the Metropolis Management Act, 1855,
or any Act amending the same ; —

And to all others whom it may concern.

Whereas by paragraph {c) of section 88 of the Local
Government Act, 1888, it is enacted as follows : —

Section one hundred and ninety-one of the Public Health
Act, 1875, shall apply to the metropolis in like
manner as if the commissioners of sewers in the
City of London, and every vestry of a parish in
Schedule A., and district board of a district in
Schedule B., to the Metropolis Management Act,
1855, or under any Act amending the same, were a
local authority within the meaning of that section,
and as if any medical officer hereafter appointed by
such commissioners, vestry, or district board were
appointed under the said Act, and the provisions of
this Act with respect to the qualification of a medical

Appendix.

285

officer or to the payment by a county council of a
portion of the salary of a medical officer shall apply
accordingly ;

• And whereas by section 191 of the Public Health Act, 1875.
it is enacted as follows : —

A person shall not be appointed medical officer of health
under this Act unless he is a legally qualified medical
practitioner ; and the Local Government Board shall
have the same powers as it has in the case of a
district medical officer of a union, with regard to the
qualification, appointment, duties, salary, and tenure
of office of a medical officer of health or other
officer of a local authority, any portion of whose
salary is paid out of moneys voted by Parliament,
and may by order prescribe the qualification, and
duties of other medical officers of health appointed
under this Act ;

And whereas by sub-section (2) of section 24 of the said
Local Government Act it is enacted that the council of each
county shall from time to time as from the 31st day of March,
1889, pay out of the county fund and charge to the
Exchequer Contribution Account the sums referred to in
paragraphs (a) to (k) of that sub-section, and paragraph (c) is.
as follows : —

(<r.) They shall pay to every local authority, for any area,
wholly or partly in the county, by whom a medical
officer of health or inspector of nuisances is paid,
one-half of the salary of such officer, where his
qualification, appointment, salary, and tenure of
office are in accordance with the regulations made
by order under the Public Health Act, 1875, or any
Act repealed by that Act ; but if the Local Govern-
ment Board certify to the council that such medical
officer has failed to send to the Local Government
Board such report and returns as are for the time
being required by the regulations respecting the
duties of such officer made by order of the Board,
under any of the said Acts, a sum equal to such
half of the salary shall be forfeited to the Crown,,
and the council shall pay the same into Her
Majesty's Exchequer, and not to the said local
authority ;

And whereas it is enacted by sub-section (3) of section 24.
of the said Local Government Act as follows :

A reference in sections one hundred and eighty-nine and',
one hundred and ninety-one of the Public Health
Act, 1875, to officers any portion of whose salary is.
paid out of moneys provided by Parliament shalk

2:86

Appendix.

be construed to refer to those officers in respect of
whose salaries payment is made by a county council
in pursuance of this section ;

And whereas by sub-section (2) of section 109 of the said.
Local Government Act it is enacted as follows : —

Any enactment of this Act authorizing anything to be
done by the . . . Local Government Board, . . .
or relating ... to any matter required to be done
for the purpose of bringing this Act into operation
on the appointed day, shall come into effect on the
passing of this Act :

Now THEREFORE, We, the Local Government Board, in
pursuance of the powers given to us by the statutes in that
t^ehalf, hereby order as follows in regard to medical officers of
health who may be appointed on or after the first day of
April, one thousand eight hundred and eighty-nine, by the
-commissioners of sewers in the City of London, or by any
vestry or district board acting under the Metropolis Manage-
ment Act, 1855, or any Act amending the same, the said
-commissioners and any such vestry or district board being
herein-after referred to as the " local authority " : —

Part I.

In regard to the appointment, tenure of office, salary, and
•duties of every medical officer of health one-half of whose
salary will be payable to the local authority by the London
county council in pursuance of the above-cited section 24 of
the Local Government Act, 1888, we do hereby order: —

Appointment.

Article i. — A statement shall be submitted to us, in a form
to be supplied by us, showing the population and area of the
district for which the local authority propose to appoint a
medical officer of health, together with the salary intended to
he assigned to him, and such other particulars as may be pre-
scribed by such form. If the local authority desire at any
time to alter the district or make an appointment at a different
salary a fresh statement shall be submitted to us.

Article 2. — When our approval has been given to the pro-
posals contained in the statement so submitted to us, the
local authority shall proceed to the appointment of the
medical officer of health accordingly. Provided that if the
local authority make the appointment before submitting such
a statement as herein-before mentioned, the appointment shall
be valid if approved by us.

Article 3. — An appointment of a medical officer of health
shall not be made unless an advertisement specifying the

Appendix.

287

district for which the appointment is to be made, together
with the amount of salary proposed to be assigned, and the
day fixed for such appointment, shall have appeared in some
public newspaper, circulating in the district of the local
authority, at least seven days before the day so fixed.

Article 4. — Every medical officer of health shall be appointed
by a majority of the members present at a meeting of the
local authority and voting on the question, but such
appointment shall be subject to our approval.

Article 5.— If a vacancy be about to occur on notice given
by an officer of an intended resignation to take effect on a
future day, or on notice given by the local authority in
pursuance of Article 10 of this Order, or, in the case of an
officer who holds his office for a specified term, by the term
coming to an end, the local authority may provide for the
continuance of such officer, or appoint his successor, at any
time subsequent to the giving of the notice, or within three
calendar months next before the expiration of the term.

Article 6. — If in the case of an officer holding office at the
date of this Order the local authority desire to appoint him
under this Order, or if, in the case of an officer who may have
been appointed under this Order for a specified term, the
local authority should desire to renew his appointment for a
further term, or otherwise in conformity with the provisions of
this Order, it shall not be necessary for notice of the proposed
appointment or renewal to be given by advertisement, if notice
be given at one of the two ordinary meetings of the local
authority next preceding the meeting at which the appoint-
ment is made or renewed.

Article 7. — If any officer be temporarily prevented by sick-
ness or accident, or other sufficient reason, from performing
his duties, the local authority may appoint a person qualified
as aforesaid to act as his temporary substitute, and may pay
him a reasonable compensation for his services ; and it shall
not be necessary in any such case that the foregoing Articles
of this Order shall be complied with, nor shall our approval
be required to any such appointment, but no compensation
shall be paid in any such case for a longer period than six
weeks unless our consent be first obtained.

Tenure of Office.

Article 8. — Every officer shall continue to hold office for
such period as the local authority may, with our approval,
determine, or until he die, or resign, or be removed by such
authority with our assent, or be removed by us, or be proved
to be insane by evidence which we shall deem sufficient.

Article 9. — The local authority may, at their discretion, sus-
pend any officer from the discharge of his duties, and shall, in
case of every such suspension, forthwith report the same,

U 2

288

Appendix.

together with the cause thereof, to us ; and if we remove the
suspension of such officer by the local authority, he shall forth-
with resume the performance of his duties.

Article lo. — Where any change in the extent of the district
of any officer, or in his duties or salary, may be deemed neces-
sary, and he shall decline to acquiesce therein, the local
authority may, with our consent, but not otherwise, and after
six months' notice in writing, signed by their clerk, given to
such officer, determine his office.

Article ii. — A person shall not be appointed who does not
agree to give one month's notice previous to resigning the
office, or to forfeit such sum as may be agreed upon as liqui-
dated damages.

Salary.

Article 12. — The local authority shall pay to every officer
such salary as may be approved by us.

Provided always that the local authority, with our approval,
may pay to any officer a reasonable compensation on account
of extraordinary services, or other unforeseen or special cir-
cumstances connected with his duties or the necessities of the
district for which he is appointed.

Article 13. — The salary of every officer shall be payable up
to the day on which he ceases to hold the office, and no
longer, subject to any deduction which the local authority may
be entitled to make in respect of Article 11 of this Order \
and in case he shall die whilst holding such office, the propor-
tion of salary (if any) remaining unpaid at his death shall be
paid to his personal representatives.

Provided that an officer who may be suspended, and who
may, without the previous removal of such suspension, resign
or be removed under Article 8 of this Order, shall not be
entitled to any salary from the date of such suspension.

Article 14. — The salary assigned to every officer shall be
payable quarterly, according to the usual feast days in the
year, namely. Lady Day, Midsummer Day, Michaelmas Day,
and Christmas Day ; but the local authority may pay to him
at the expiration of every calendar month such proportion as
they may think fit, on account of the salary to which he may
become entitled at the termination of the quarter.

Article 15. — All salaries shall be considered as accruing
from day to day, and be apportionable in respect of time
accordingly, in pursuance of the provisions of " The Appor-
tionment Act, 1870."

Duties.

Article 16. — The following shall be the duties of the
medical officer of health in respect of the district for which he
is appointed :—

(i.) He shall inform himself as far as practicable respect-

Appendix.

289

ing all influences affecting or threatening to affect
injuriously the public health within the district.

(2.) He shall inquire into and ascertain by such means
as are at his disposal the causes, origin, and distribu-
tion of diseases within the district, and ascertain to
what extent the same have depended on conditions
capable of removal or mitigation.

(3.) He shall by inspection of the district, both system-
atically and at certain periods, and at intervals as
occasion may require, keep himself informed of the
conditions injurious to health existing therein.

(4.) He shall be prepared to advise the local authority on
all matters affecting the health of the district, and on
all sanitary points involved in the action of the local
authority ; and in cases requiring it, he shall certify,
for the guidance of the local authority or of the jus-
tices, as to any matter in respect of which the certifi-
cate of a medical officer of health or a medical practi-
tionerisrequiredasthebasisorin aid of sanitary action.

(5.) He shall advise the local authority on any question
relating to health involved in the framing and subse-
quent working of such bye-laws and regulations as
they may have power to make.

(6.) On receiving information of the outbreak of any con-
tagious, infectious, or epidemic disease of a dan-
gerous character within the district, he shall visit the
spot without delay and inquire into the causes and
circumstances of such outbreak ; and in case he is
not satisfied that all due precautions are being taken,
he shall advise the persons competent to act as to
the measures which may appear to him to be
required to prevent the extension of the disease, and,
so far as he may be lawfully authorized, assist in the
execution of the same.

(7.) Subject to the instructions of the local authority, he
shall direct or superintend the work of the inspectors
of nuisances in the way and to the extent that the
local authority shall approve, and on receiving
information from any inspector of nuisances that his
intervention is required in consequence of the exist-
ence of any nuisance injurious to health, or of any
overcrowding in a house, he shall, as early as prac-
ticable, take such steps authorized by the Statutes in
that behalf as the circumstances of the case may
justify and require.

(8.) In any case in which it may appear to him to be
necessary or advisable, or in which he shall be so
directed by the local authority, he shall himself
inspect and examine any animal, carcase, meat,
poultry, game, flesh, fish, fruit, vegetables, corn,

290

Appendix.

bread, flour, or milk exposed for sale, or deposited
for the purpose of sale or of preparation for sale,
and intended for the food of man, which is deemed
to be diseased, or unsound, or unwholesome, or
unfit for the food of man ; and if he finds that such
animal or article is diseased, or unsound, or unwhole-
some, or unfit for the food of man, he shall give such
directions as may be necessary for causing the same to
be seized, taken, and carried away, in order to be dealt
with by a justice according to the provisions of the
Statutes applicable to the case.

(9.) He shall perform all the duties imposed upon him
by any bye-laws and regulations of the local
authority, duly confirmed where confirmation is
legally required, in respect of any matter affecting the
public health, and touching which they are
authorized to frame bye-laws and regulations.

(10.) He shall inquire into any offensive process of
trade carried on within the district, and report on
the appropriate means for the prevention of any
nuisance or injury to health therefrom.

(11.) He shall make the necessary inspections and other-
wise perform the duties devolving on him under the
Factory and Workshop Act, 1883, in regard to
bakehouses.

(12.) He shall attend at the office of the local authority,
or at some other appointed place, at such stated
times as they may direct.

(13.) He shall from time to time report in writing to the
local authority his proceedings, and the measures
which may require to be adopted for the improve-
ment or protection of the public health in the district.
He shall in like manner report with respect to the
sickness and mortality within the district as far as
he has been enabled to ascertain the same.

(14.) He shall keep a book or books, to be provided by
the local authority, in which he shall make an entry
of his visits, and notes of his observations and
instructions thereon, and also the date and nature of
applications made to him, the date and result of the
action taken thereon and of any action taken on
previous reports ; and shall produce such book or
books, whenever required, to the local authority.

(15.) He shall also prepare an annual report, to be made
to the end of December in each year, comprising a
summary of the action taken during the year for
preventing the spread of disease, and an account of
the sanitary state of his district generally at the end
of the year. The report shall also contain an
account of the inquiries which he has made as to

Appendix.

291

conditions injurious to health existing in his district,
and of the proceedings in which he has taken part
or advised under any Statute, so far as such pro-
ceedings relate to those conditions ; and also an
account of the supervision exercised by him, or on
his advice, for sanitary purposes over places and
houses that the local authority have power to
regulate, with the nature and results of any proceed-
ings which may have been so required and taken in
respect of the same during the year. It shall also
record the action taken by him, or on his advice,
during the year, in regard to offensive trades, and to
factories and workshops. The report shall also
contain tabular statements (on forms to be supplied
■ by us, or to the like effect,) of the sickness and
mortality within the district, classified according to
diseases, ages, and localities.

(16.) He shall give immediate information to us and to
the London county council of any outbreak of
dangerous epidemic disease within the district. He
shall also transmit to us a copy of each annual and
of any special report, and any report made by him
under the Artizans DweUings Acts, 1868 to 1885,
shall be deemed to be a special report.

(17.) He shall, at the same time that he transmits to us
a copy of his annual report and of any special
report, transmit a copy of such report to the London
county council.

(i8.) In matters not specifically provided for in this
Order, he shall observe and execute any instructions
issued by us, and any lawful orders and directions
of the local authority applicable to his office.

(19.) Whenever we shall make regulations for all or any
of the purposes specified in section 6 of the
Diseases Prevention Act, 1855, shall declare the
regulations so made to be in force within the
district of the local authority, he shall observe such
regulations, so far as the same relate to or concern his
office under the local authority.

Part II.

In regard to the duties of every medical officer of health
no part of whose salary will be payable to the local authority
by the London county council in pursuance of the above-
cited section 24 of the Local Government Act, 1888, we do
hereby order : —

Article 17. — The following shall be the duties of the
medical officer of health in respect of the district for which
he is appointed : —

■292

Appendix.

(i.) He shall within seven days after his appointment,

report the same in writing to us.
(2.) He shall perform all the duties prescribed by Article

16 of this Order for a medical officer of health in

respect of whose salary a payment is made by the

London county council as aforesaid.

Given under the Seal of Office of the Local Government
Board, this twenty-eighth day of March, in the year
one thousand eight hundred and eighty-nine.

(l.s.) Chas. T. Ritchie,

President,

Hugh Owen,
Secretary.

CHOLERA CIRCULAR.

Local Government Board,

Whitehall, S.W.,

2<^th July, 1885.

Sir,

I am directed by the Local Government Board to state
that having regard to the serious and continued prevalence of
cholera in Spain, they deem it desirable to bring under the
attention of the sanitary authority the memorandum of the
Board's medical officer, on the precautions to be taken against
the infection of cholera, of which copies were forwarded to the
sanitary authority in July of last year.

The Board direct me to enclose a reprint of that memo-
randum, and to urge upon the sanitary authority the import-
ance of their taking such measures of precaution as the
sanitary condition of their district may demand.

I am, Sir,

Your obedient Servant,

Hugh Owen,

To the Clerk to the Secretary,
Sanitary Authority.

PRECAUTIONS AGAINST THE INFECTION OF
CHOLERA.

1. — The Order of the Local Government Board, of July 12,
1883, now in force, gives certain special powers to the sani-

Appendix.

293

tary authorities of the sea coast, enabling them to deal with
any cases of cholera brought into port, so as to prevent as far
as possible the spread of the disease into the country. But
as cases of choleraic infection have widely different degrees of
severity, it is possible that some such cases, slightly affected,
will, notwithstanding the vigilance of local authorities, be
landed without particular notice in English sea-board towns,
whence they may advance to other, and perhaps inland,
places.

2. — Former experience of cholera in England justifies a
belief that the presence of imported cases of the disease at
various spots in the country will not be capable of causing
much injury to the population, if the places receiving the
infection have had the advantage of proper sanitary adminis-
tration-; and, in order that all local populations may make
their self-defence as effective as they can, it will be well for
them to have regard to the present state of knowledge con-
cerning the mode in which epidemics of cholera (at least in
this country) are produced.

3. — Cholera in England shows itself so little contagious, in
the sense in which small-pox and scarlatina are commonly
called contagious, that, if reasonable care be taken where it is
present, there is almost no risk that the disease will spread to
persons who nurse and otherwise closely attend upon the sick.
But cholera has a certain peculiar infectiveness of its own,
which, where local conditions assist, can operate with terrible
force, and at considerable distances from the sick. It is charac-
teristic of cholera (and as much so of the slight cases where
diarrhoea is the only symptom as of the disease in its more
developed and alarming forms) that all matters which the
patient discharges from his stomach and bowels are, or can
become, infective. Probably, under ordinary circumstances, the
patient has no power of infecting other persons except by
means of these discharges ; nor any power of infecting even
by them except in so far as particles of them are enabled to
taint the food, water, or air which people consume. Thus,
when a case of cholera is imported into any place, the disease
is not likely to spread, unless in proportion as it finds, locally
open to it, certain facilities for spreading by indirect infectiofi.

4. — In order rightly to appreciate what these facilities
must be, the following considerations have to be borne in
mind : — First, that any choleraic discharge, cast without
previous thorough disinfection into any cesspool or drain, or
other depository or conduit of filth, has a faculty of infecting
the excremental matters with which it there mingles, and
probably, more or less, the effluvia which those matters evolve ;
secondly, that the infective power of choleraic discharges
attaches to whatever bedding, clothing, towels and like things,
have been imbued with them, and renders these things, if not
thoroughly disinfected, as capable of spreading the disease in

294 Appendix. i

places to which they are sent (for washing or other purposes) i
as, in Hke circumstances, the patient himself would be;
thirdly^ that if, by leakage or soakage from cesspools or drains,

or through reckless casting out of slops and washwater, any ■
taint (however small) of the infective material gets access to

wells or other sources of drinking water, it imparts to enormous \
volumes of water the power of propagating the disease. When

due regard is had to these possibilities of indirect infection, ;

there will be no difficulty in understanding that even a single |

case of cholera, perhaps of the slightest degree, and perhaps i

quite unsuspected in its neighbourhood, may, if local circum- ;

stances co-operate^ exert a terribly infective power on considerable ,

masses of population. j

5. — The dangers which have to be guarded against as
favouring the spread of cholera infection are particularly two. i
First and above all, there is the danger of water-supplies
which are in any (even the slightest) degree tainted by house i
refuse or other like kinds of filth, as where there is outflow,
leakage or filtration, from sewers, house-drains, privies, cess-
pools, foul ditches, or the like, into springs, streams, wells, or
reservoirs from which the supply of water is drawn, or into the

soil in which the wells are situate j a danger which may exist j

on a small scale (but, perhaps, often repeated in the same j

district) at the pump or dipwell of a private house, or, on a i

large or even vast scale, in the source of public water-works. ;

And secondly, there is the danger of breathing air which is \

foul with effluvia from the same sorts of impurity. \

6. — Information as to the high degree in which those two i
dangers affect the public health in ordinary times, and as to \
the special importance which attaches to them at times when \
any diarrhoeal infection is likely to be introduced, has now for j
so many years been before the public, that the improved 1
systems of refuse-removal and water-supply by which those j
dangers are permanently obviated for large populations, and \
also the minor structural improvements by which separate
households are secured against them, ought long ago to have
come into universal use. ;

So far, however, as this wiser course has not been adopted '

in any sanitary district, security must, as far as practicable, |

be sought in measures of a temporary and paUiative kind. \

(a.) Immediate and searching examination of sources of j

water-supply should be made in all cases where the source is •

in any degree open to the suspicion of impurity ; and the ;

water both from private and public sources should be ex- |

amined. Where pollution is discovered, everything practicable j
should be done to prevent the pollution from continuing, or,
if this object cannot be obtained, to prevent the water from

being drunk. Cisterns should be cleaned, and any connexions ;
of waste water-pipes with drains should be severed.

(d.) Simultaneously, there should be immediate thorough

Appendix.

295

removal of every sort of house refuse and other filth which has
accumulated in neglected places ; future accumulations of the
same sort could be prevented ; attention should be given to
all defects of house-drains and sinks through which offensive
smells are let into houses ; thorough washing and lime-washing
of uncleanly premises, especially of such as are densely occu-
pied, should be practised again and again.

7. — It may fairly be believed that, in considerable parts of
the country, conditions favourable to the spread of cholera are
now less abundant than at any former time ; and in this con-
nexion, the gratifying fact deserves to be recorded that during
recent years enteric fever, the disease which in its methods of
extension bears the nearest resemblance to cholera, has con-
tinuously and notably declined in England. But it is certain
that in many places such conditions are present as would, if
cholera were introduced, assist in the spread of that disease.
It is to be hoped that in all these cases the local sanitary
authorities will at once do everything that can be done to put
their districts into a wholesome state. Measures of cleanli-
ness, taken beforehand, are of far more importance for the
protection of a district against cholera than removal or disin-
fection of filth after disease has actually made its appearance.

8. — It is important for the public very distinctly to remem-
ber that pains taken and costs incurred for the purposes to
which this memorandum refers cannot in any event be
regarded as wasted. The local conditions which would
enable cholera, if imported, to spread its infection in this
country, are conditions which, day by day, in the absence of
cholera, create and spread other diseases ; diseases which, as
being never absent from the country, are in the long run far
more destructive than cholera ; and the sanitary improvements
which would justify a sense of security against any appre-
hended importation of cholera would, to their extent, though
cholera should never re-appear in England, give amply
remunerative results in the prevention of those other diseases.

George Buchanan,

Medical Officer of the Board,

Local Government Board,
July 21, 1885.

Appendix. ■

CHOLERA REGULATIONS. ^

Local Government Board, '

Whitehall, S.W., j

August, 1890. I

Sir, ;

I AM directed by the Local Government Board to
advert to section 130 of the Public Health Act, 1875, under |
which they are empowered to make regulations with a view to
the treatment of persons affected with cholera, and preventing
the spread of the disease both on land and water. i
Doubts having arisen as to the extent of the powers con- j
ferred on the Board by this section as respects authorities and '
vessels, it was provided by the Public Health Act, 1889 (52 I
& 53 Vict. c. 64), that regulations made by the Board in
relation to cholera in pursuance of the enactment above men-
tioned might provide for such regulations being enforced and ]
executed by the officers of customs as well as by other autho- ,
rities and officers, and for the detention of vessels and of per- ■
sons on board vessels, and for the duties to be performed by '
pilots, masters of vessels, and other persons on board vessels. |
Under these circumstances the Board have thought it desir- «
able to rescind the several Orders previously issued by them
with a view to the treatment of persons affected with cholera, '■
and preventing the spread of the disease, and to prescribe
fresh regulations on the subject. Copies of the new Order are
enclosed. It has been so framed as to apply to every port
sanitary authority as well as to every urban or rural sanitary !
authority whose district includes or abuts on any part of a j
customs portj which part is not within the jurisdiction of a
port sanitary authority. The necessity for issuing special \
Orders in certain exceptional cases has thus been obviated. j
In the main the regulations prescribed by the new Order are |
the same as those previously in force, and the only points to
which it appears requisite to draw attention are the following. j
Under Article 6 of the Order it is the duty of every port \
sanitary authority and of every other sanitary authority within ;
whose district persons are likely to be landed from any ship j
coming foreign, to fix some place where any ship certified to 1
be infected with cholera may be moored or anchored. A pro- 1
viso has been added to the Article to the effect that where, in
pursuance of any of the Orders now revoked, places have
already been fixed for the like purpose, such places shall be j
deemed to have been so fixed for the purpose of the Order !
now issued.

Article 9 requires the medical officer of health, after exam-
ining a ship infected with cholera, to forward to the Board i
information as to the arrival of the ship, and such other par- \
ticulars as they may require.

296

Appendix.

297

Under Article 1 2 any person on board a ship infected with
cholera, who is not certified by the medical officer of health
to be suffering from cholera, or from any illness which the
medical officer of health may suspect to be cholera, is to be
permitted to land on giving to the medical officer of health
his name and the place of his destination, and also, where
practicable, his address at such place. Having obtained this
information, it will be the duty of the medical officer of health
forthwith to report the same to the clerk to the sanitary
authority, who is required thereupon to transmit the particu-
lars to the local authority of the district in which the place of
destination is situate. By the term " local authority " in the
Article is meant any urban or rural sanitary authority, and in
the administrative county of London the commissioners of
sewers, the vestry or district board under the Metropolis
Management Acts, and the Woolwich Local Board of Health.

The Board think it important that a local authority should
be made aware that a person has come into their district who,
though not himself certified as being infected with cholera,
has come from an infected ship, and the Board trust that the
requirements of this Article will be strictly complied with.

By Article 19, the master of every ship infected with cholera
is required, when within three miles of the coast, to cause to
be hoisted the Commercial Code Signal Q, being a yellow
flag, under the national ensign, and to keep the same dis-
played during the whole of the time between sunrise and
sunset.

The term " master," as will be seen from Article I. of the
order, includes the officer, pilot, or other person for the time
being in charge of the ship.

The Order is, of course, designed for the protection of the
English shores from the introduction of cholera, and as cases
of the disease are now occurring on the continent, the Board
trust that sanitary authorities on the sea- board will use the
utmost vigilance in seeing that the provisions of the Order are
efficiently and strictly complied with.

I am, Sir,

Your obedient Servant,

Hugh Owen,

Secretary.

To the Clerk to the

Sanitary Authority.

298

Appendix.

CHOLERA REGULATIONS: PORTS.

[28th Aug, 1890.]
[Date of Publication in the London Gazette, 29th Aug 1890.]

To ALL Port Sanitary Authorities ; —
To all other Sanitary Authorities as herein defined ; —
To the Queen's Harbour Masters of Dockyard Ports ; —
To all Officers of Customs ; —

To all Medical Officers of Health of the Sanitary
Authorities aforesaid ; —

To all Masters of Ships ; —

To all Pilots

And to all others whom it may concern.

Whereas we, the Local Government Board, are empowered
by Section 130 of the Public Health Act, 1875, from time to
time, to make, alter, and revoke such regulations as to us
may seem fit, with a view to the treatment of persons affected
with cholera, and preventing the spread of cholera, as well on
the seas, rivers, and waters of the United Kingdom, and on
the high seas within three miles of the coasts thereof, as on
land; and may declare by what authority or authorities such
regulations shall be enforced and executed ;

And whereas by section 2 of the Public Health Act, 1889,
it is enacted that regulations of the Local Government Board
made in relation to cholera and choleraic diarrhoea, in pur-
suance of section 130 of the Public Health Act, 1875, may
provide for such regulations being enforced and executed by
the officers of customs, as well as by other authorities and
officers, and, without prejudice to the generality of the powers
conferred by the said section, may provide for the detention
of vessels and of persons on board vessels, and for the duties
to be performed by pilots, masters of vessels, and other per-
sons on board vessels ; provided that the regulations, so far as
they apply to the officers of customs, shall be subject to the
consent of the Commissioners of Her Majesty's Customs ;

And whereas by certain Orders dated the 12 th day of July,
1883, and an Order dated the 21st day of April, 1884, we
prescribed rules and regulations with a view to the treatment
of persons affected with cholera, and for preventing the spread
of the disease, and it is expedient that such Orders should be
revoked, and that further regulations should be prescribed as
herein-after mentioned, to which the Commissioners of Her
Majesty's Customs have signified their consent so far as such
regulations apply to the officers of customs :

Now THEREFORE, wc, the Local Government Board, do
hereby revoke the aforesaid Orders, except in so far as they

Appendix.

299

may apply to any proceedings now pending, and we do, by
this our Order, and in exercise of the power conferred on us
by the PubHc Health Act, 1875, as amended and extended by
the Public Health Act, 1889, and every other power enabling
us in that behalf, make the following regulations and declare
that they shall be enforced and executed by the authorities
herein-after named : —

Definitions.
Article i. — In this Order —

The term " ship " includes vessel or boat ;

The term " officer of customs " includes any person act-
ing under the authority of the Commissioners of
Her Majesty's Customs ;

The term " master " includes the officer, pilot, or other
person for the time being in charge or command of
the ship ;

The term "cholera" includes choleraic diarrhoea;

The term " sanitary authority " means every port sanitary
authority and every urban or rural sanitary authority
whose district includes or abuts on any part of. a
customs port, which part is not within the jurisdic-
tion of a port sanitary authority ;

The term " medical officer of health " includes any duly
qualified medical practitioner appointed by a sanitary
authority to act in the execution of this Order ;

For the purpose of this Order, —

(i.) So much of a customs port abutting on an
urban or rural sanitary district as is nearer to
such district than to any other, and is not in-
cluded within the jurisdiction of any port sani-
tary authority, shall be deemed to be within
such district ;

(2.) Every ship shall be deemed infected with
cholera in which there is or has been during
the voyage, or during the stay of such ship in a
port in the course of such voyage, any case of
cholera.

I. — Regulations as to Detention by Officers of Customs.

Article 2. — If any officer of customs, on the arrival of any
ship, ascertain from the master of such ship or otherwise, or
have reason to suspect that the ship is infected with cholera,
he shall detain such ship, and order the master forthwith to
moor or anchor the same in such position as such officer of
customs shall direct ; and thereupon the master shall forthwith
moor or anchor the ship accordingly.

Article 3. — Whilst such ship shall be so detained, no person
shall leave the same.

Appendix.

Article 4. — The officer of customs detaining any ship as
aforesaid shall forthwith give notice thereof, and of the cause
of such detention, to the sanitary authority of the place to
which the ship shall be bound, or where the ship shall be
about to call.

Article 5. — Such detention by the officer of customs shall
cease as soon as the ship shall have been duly visited and
examined by the medical officer of health ; or, if the ship
shall, upon such examination, be found to be infected with
cholera, as soon as the same shall be moored or anchored in
pursuance of Article 10 of this Order.

Provided, that if the examination be not commenced within
twelve hours after notice given as aforesaid, the ship shall, on
the expiration of the said twelve hours, be released from
detention.

II. — Regulations as to Sanitary Authorities.

Article 6. — Every port sanitary authority and every other
sanitary authority within whose district persons are likely to be
landed from any ship coming foreign shall, as speedily as
practicable, with the approval of the chief officer of customs
of the port, fix some place where any ship may be moored, or
anchored, for the purpose of Article 10 ; and shall make pro-
vision for the reception of cholera patients and persons suffer-
ing from illness removed under Articles 13 and 14. The
place to be fixed as aforesaid, where any ship may be moored or
anchored for the purpose of Article 10, shall be some place
within the jurisdiction or district of the sanitary authority,
unless the Local Government Board otherwise consent; in
which case the place so fixed shall, for the purposes of
this Order, be deemed to be within such jurisdiction or
district.

Provided that in the case of any dockyard port for which
a Queen's harbour-master has been appointed the place
where any ship shall be moored or anchored for the purpose
of this article shall from time to time be fixed by the port
sanitary authority with the approval of the Queen's harbour-
master instead of with that of the chief officer of customs of
the port.

Provided also, that where, in pursuance of any of the
above-cited orders, places have been duly fixed for the moor-
ing or anchoring of ships for the like purpose, such places
shall be deemed to have been so fixed in pursuance of this
Order.

Article 7. — The sanitary authority, on notice being given to
them by an officer of customs, under this Order, shall forthwith
cause the ship in regard to which such notice shall have been
given, to be visited and examined by their medical officer of
health for the purpose of ascertaining whether she is infected
with cholera.

Appendix.

, Article 8.— The medical officer of health, if he have reason
to believe that any ship coming or being within the jurisdic-
tion or district of the sanitary authority, whether examined by
the officer of customs or not, is infected with cholera, shall, or
if she have come from a place infected with cholera, may,
visit and examine such ship, for the purpose of ascertaining
whether she is so infected ; and the master of such ship shall
permit the same to be so visited and examined.

Article 9. — If the medical officer of health on making such
examination as aforesaid (whether under Article 7 or under
Article 8), shall be of opinion that the ship is infected, he
shall forthwith give a certificate in duplicate in the following
form, or to the like effect, and shall deliver one copy to the
master, and retain the other copy or transmit it to the sanitary
authority. He shall also give to the Local Government Board
information as to the arrival of the ship, and such other par-
ticulars as that Board may require.

Certificate.

day of 189 .

Sanitary Authority of

I hereby certify that I have examined the ship
of , now lying in the Port of \or detained

at ] and that I find that she is infected with Cholera..

Medical Officer of Health [or Medical Practitioner appointed]
by the Sanitary Authority].

Article 10. — The master of any ship so certified to be in-
fected with cholera shall thereupon moor or anchor her at the
place fixed for that purpose under Article 6, and she shall?
remain there until the requirements of this Order have beern
duly fulfilled.

Article 11. — No person shall leave any such ship until the
examination herein-after mentioned shall have been made.

Article 12. — The medical officer of health shall, as soon as
possible after any such ship has been certified to be infected
with cholera, examine every person on board the same, and in
the case of any person suffering from cholera or from any
illness which the medical officer of health suspects may prove
to be cholera, shall certify accordingly \ and any person who
shall not be so certified by him shall be permitted to land
immediately on giving to the medical officer of health his name
and place of destination, stating, where practicable, his addresss
at such place.

The name and address of any such person shall forthwith
be given by the medical officer of health to the clerk of the
sanitary authority, and such clerk shall transmit the same to

302

Appen:oix.

the local authority of the district in which the place of
■destination of such person is situate.

In this article the term " local authority " means any
urban or rural sanitary authority ; and in the administrative
county of London, the commissioners of sewers, the vestry
under the Metropolis Management Act, 1855, of a parish in
Schedule A,, and the district board of a district in Schedule
E. to that Act, as amended by the Metropolis Management
Amendment Act, 1885, and the Metropolis Management
(Battersea and Westminster) Act, 1887, and the Woolwich
Local Board of Health.

Article 13. — Every person certified by the medical officer of
health to be suffering from cholera shall be removed, if his
condition admit of it, to some hospital or other suitable place
appointed for that purpose by the sanitary authority ; and no
person so removed shall leave such hospital or place until
the medical officer of health shall have certified that such
person is free from the said disease.

If any person suffering from cholera cannot be removed,
the ship shall remain subject, for the purposes of this Order,
to the control of the medical officer of health ; and the infected
person shall not be removed from or leave the ship, except
with the consent in writing of the medical officer of health.

Article 14.— Any person certified by the medical officer of
health to be suffering from any illness which such officer
■suspects may prove to be cholera, may either be detained on
board the ship for any period not exceeding two days, or be
taken to some hospital or other suitable place appointed for
that purpose by the sanitary authority, and detained there for
a like period, in order that it may be ascertained whether the
illness is or is not cholera.

Any such person who, while so detained, shall be certified
by the medical officer of health to be suffering from cholera,
shall be dealt with as provided by Article 13 of this Order.

Article 15. — The medical officer of health shall, in the case
of every ship certified to be infected, give directions, and take
such steps as may appear to him to be necessary, for the pre-
venting the spread of infection, and the master of the said
ship shall forthwith carry into execution such directions as
shall be so given to him.

Article 16. — In the event of any death from cholera taking
place on board such ship while detained under Article 10, the
master shall, as directed by the sanitary authority or the
medical officer of health, either cause the dead body to be taken
out to sea, and committed to the deep, properly loaded to pre-
vent it rising, or shall deliver it into the charge of the said
authority for interment ; and the authority shall thereupon
have the same interred.

Article 1 7. — The master shall cause any articles that may
have been soiled with cholera discharges to be destroyed, and

Appendix.

303

the clothing and bedding and other articles of personal use
likely to retain infection which have been used by any person
who may have suffered from cholera on board such ship, or
who, having left such ship, shall have suffered from cholera
during the stay of such ship in any port, to be disinfected or
(if necessary) destroyed ; and if the master shall have neglected
to do so before the ship arrives in port, he shall forthwith,
upon the direction of the sanitary authority or the medical
officer of health, cause the same to be disinfected or destroyed,
as the case may require ; and if the said master neglect to
comply with such direction within a reasonable time, the
authority shall cause the same to be carried into execution.

Article 18. — The master shall cause the ship to be disinfected,
and every article therein, other than those last described, which
may probably be infected with cholera, to be disinfected or
destroyed, according to the directions of the medical officer of
health.

III. — Flag to be hoisted by Ships infected with Cholera.

Article 19. — The master of every ship infected with cholera
shall, when within three miles of the coast of any part of
England or Wales, cause to be hoisted the Commercial Code
Signal Q, being a yellow flag, under the National Ensign, and
shall keep the same displayed during the whole of the time
between sunrise and sunset.

Given under the Seal of Office of the Local Government
Board, this twenty-eighth day of August, in the
year one thousand eight hundred and ninety.

(l.s.) Chas. T. Ritchie,

President.

Hugh Owen,

Secretary.

Notice.— The Public Health Act, 1875, provides by
section 130 that any person wilfully neglecting, or refusing to
obey or carry out, or obstructing the execution of any regula-
tion made under that section, shall be liable to a penalty not
exceeding Fifty Poimds.

MODEL BYE-LAWS ISSUED BY THE LOCAL GO-
VERNMENT BOARD FOR THE USE OF SANI-
TARY AUTHORITIES.

XIII. — Houses let in Lodgings.

Memorandum.

By section 90 of the Public Health Act, 1875 (38 & 39
Vict. c. 55), it is enacted as follows : —

"The Local Government Board may, if they think fit, by

X 2

304

Appendix.

notice published in the London Gazette, declare the following
enactment to be in force within the district or any part of the
district of any local authority, and from and after the publi-
cation of such notice such authority shall be empowered to
make bye-laws for the following matters ; (that is to say,)

" (i.) For fixing and from time to time varying the num-
ber of persons who may occupy a house or part of a
house which is let in lodgings or occupied by mem-
bers of more than one family, and for the separation
of the sexes in a house so let or occupied :

" (2.) For the registration of houses so let or occupied :

" (3.) For the inspection of such houses :

" (4.) For enforcing drainage and the provision of privy
accommodation for such houses, and for promoting
cleanliness and ventilation in such houses :

" (5.) For the cleansing and lime-washing at stated times
of the premises, and for the paving of the courts
and courtyards thereof :

" (6.) For the giving of notices and the taking of pre-
cautions in case of any infectious disease.

" This section shall not apply to common lodging-houses
within the provisions of this Act relating to common lodging-
houses."

In the absence of any express limitation t)f their scope,
bye-laws such as are authorized by the above-cited enactment
would apply to every house or part of a house which, not
being a common lodging-house, is let in lodgings or occupied
by members of more than one family. But in many districts
where the enactment is in force there are to be found houses
which, though let in lodgings or occupied by members of
more than one family, are of such a character as to render it
inexpedient, if not absolutely unnecessary, to bring them
within the range of bye-laws having for their primary object
the regulation of premises where neglect of sanitary require-
ments might otherwise ensue. The Board have, therefore,
thought it desirable to suggest in the model series of bye-laws
a clause providing for the exemption of lodging-houses as to
which it may be reasonably inferred that such supervision as
elsewhere a local authority alone can efficiently exercise will,
in fact, be exercised by the lodgers themselves. In illustra-
tion of the view which has induced them to propose this
exemption, the Board may refer to the observations of the
judges of the Common Pleas Division who decided the case
of Langdon, Appellant, v. Broadbent, Respondent (42 J, P.
56).

The exemption clause, it will be seen, consists of two sec-
tions, of which section (^7) relates to unfurnished, and section
{h) to furnished lodgings. The clause assumes that all houses
below a certain rateable value will, if let in lodgings, or

Appendix.

305

occupied by members of more than one family, be within the
scope of the bye-laws. In the case of houses of higher rate-
able value, the clause confers exemption if the rent of each
lodger exceeds a certain minimum. It will, of course, rest
with the local authority when framing bye-laws upon the basis
of the model series to determine what limits of rateable value
and rent the circumstances of their district may render it
desirable to prescribe.

It will be observed that the local authority are empowered
to make bye-laws for fixing and " from time to time varying "
the number of occupants of the houses to which the provi-
sions of section 90 of the 38 & 39 Vict. c. 55, apply. The
local authority may also make bye-laws "for the separation
of the sexes " in such houses.

In the model clauses the Board have deemed it inexpedient
to provide for a variation of the number of occupants. The
Board have thought it preferable to suggest a few simple rules
whereby the number of occupants of rooms used for sleeping
may be determined with reference to a minimum allowance of
free air-space for each occupant. They have assumed that
before registration, or at some other convenient opportunity,
the surveyor or inspector of nuisances will be instructed by
the local authority to ascertain the dimensions of the several
rooms in each house, and that when the maximum number of
inmates has been fixed by the application of the rules em-
bodied in the model clauses, the local authority will supply
the landlord and lodgers with tickets or placards which may
be affixed to the walls or doors or in some other suitable posi-
tion, and which will show precisely how many inmates may be
received in each sleeping apartment.

If in any case a local authority who may have adopted the
model bye-laws for fixing the number of occupants should
afterwards find that it is practicable - to enforce an increased
allowance of free air-space, the Board will gladly facilitate the
confirmation of new bye-laws for that purpose.
■ The omission from the model clauses of provisions for the
separation of the sexes is due to the doubt which the Board
have entertained as to how far this desirable object can be
practically attained in view of the ordinary conditions of life
in lodgings of the poorer class. Where, however, the local
authority are satisfied that a rule on this subject may be en-
forced without hardship, as, for instance, in cases where it is
found that individual holdings in the lodging-houses of a dis-
trict generally comprise two or more rooms, the Board will
readily co-operate with the authority in framing a bye-law to
provide for the separation of the sexes.

In explanation of the model clause with respect to registra-
tion, the Board have to point out that while in the case of
common lodging-houses it is expressly provided by section 77
of the 38 & 39 Vict. c. 55, that a person shall not keep such

3o6

Appendix.

a house or receive a lodger therein unless the house is regis-
tered, there is no similar enactment with regard to the lodging-
houses to which section 90 has reference.

The Board have, therefore, considered that, in relation to
the latter class of houses, the chief practical purpose that a
bye-law requiring registration can effect is to aid the local au-
thority by rendering it the duty of the landlord to supply
information which may facilitate their subsequent supervision
of his premises. Though the landlord who neglects this
duty may become liable to a penalty, the local authority
will, doubtless, find that the reports of their officers, after in-
spection, will readily supply the particulars necessary for the
accurate keeping and correction of the register.

The Board, in view of the varying circumstances of the dis-
trict to which bye-laws under section 90 of the 38 & 39 Vict,
c. 55, may be applied, have been unable to suggest for general
use any clauses for enforcing drainage. They think that in
practice it will be found that the powers which local au-
thorities derive from the statutory provisions on this subject
will be sufficient to enable them to enforce drainage without
recourse to bye-laws.

Generally, with respect to all the clauses comprised in the
accompanying model series, the Board have to observe that
the scope of these clauses has been strictly limited to the
various matters for which bye-laws are authorized. But it is to
be remembered that bye-laws are not the only means by which
local authorities may enforce sanitary requirements in the
case of such premises as are now under consideration. The
bye-laws which a local authority may make under section 90
of the 38 & 39 Vict. c. 55, are merely intended to supplement
the numerous enactments which, in that and other statutes,
have direct reference to matters of importance in relation to
houses of this description.

That these enactments should be brought specially to the
knowledge of the persons who, as landlords or lodgers, will be
affected by the bye-laws is clearly desirable, and it will doubt-
less occur to many authorities that the practical value of their
bye-laws will be materially enhanced by a carefully selected
appendix of statutory provisions.

John Lambeth,
Local Government Board, Secretary,
^ist December, 1880.

Appendix.

307

BYE-LAWS WITH RESPECT TO HOUSES LET IN
LODGINGS, OR OCCUPIED BY MEMBERS OF
MORE THAN ONE FAMILY.

Interpretation of Terms.

1. — In these bye-laws, unless the context otherwise requires,,
the following words and expressions have the meanings herein-
after respectively assigned to them ; that is to say, —

" Lodging-house " means a house or part of a house
which is let in lodgings or occupied by members of
more than one family :

" Landlord," in relation to a house or part of a house
which is let in lodgings or occupied by members of
more than one family, means the person (whatever
may be the nature or extent of his interest in the
premises) by whom or on whose behalf such house
or part of a house is let in lodgings or for occupa-
tion by members of more than one family, or who
for the time being receives, or is entitled to receive,
the profits arising from such letting :

"Lodger," in relation to a house or part of a house
which is let in lodgings or occupied by members
of more than one family, means a person to whom
any room or rooms in such house or part of a house
may have been let as a lodging or for his use and
occupation.

Exempted Houses.

2. — In any one of the several cases herein-after specified, a
lodging-house shall be exempt from the operation of these
bye-laws ; that is to say, —

{a.) Where for the purposes of any rate for the relief of
the poor the rateable value of the house exceeds
, and the rent or charge payable by
each lodger, and exclusive of any charge for the use
by such lodger of any furniture, shall be such that
the amount accruing due in any term shall be at the
rate or in the proportion of not less than
per week :

{b.) Where for the purposes of any rate for the relief of
the poor the rateable value of the house exceeds
, and the rent or charge payable by each
lodger, and inclusive of any charge for the use by
such lodger of any furniture, shall be such that the
amount accruing due in any term shall be at the
rate or in the proportion of not less than
per week :

Appendix.

For fixing the number of persons who may occupy a house
or part of a house which is let in lodgings or occupied
by members of more than one family :

.For the registration of houses so let or occupied :

For the inspection of such houses :

For enforcing the provision of privy accommodation for
such houses^ and for promoting cleanli?tess and ventila-
tion in such houses :

For the cleansing and lime-washing at stated times of
the premises, and for the paving of the courts and
courtyards thereof :
. ; For the giving of notices, and the taking of precautions in
case of any iftfectious disease.

3. — The landlord of a lodging-house shall not knowingly
cause or suffer a greater number of persons than will admit of
the provision of three hmdred cubic feet of free air space for
each person of an age exeeding ten years, and of one hundred
and fifty cubic feet of free air space for each person of an age
not exceeding ten years to occupy, at any one time, as a
sleeping apartment, a room which is used exclusively for that
purpose.

4. — The landlord of a lodging-house shall not knowingly
cause or suffer a greater number of persons than will admit of
the provision of four hundred cubic feet of free air space
for each person of an age . exceeding ten years, and of two
hundred cubic feet of free air space for each person of an age
not exceeding ten years to occupy, at any one time, as a sleep-
ing apartment, a room which is not used exclusively for that
purpose.

5. — A lodger in a lodging-house shall not knowingly cause
or suffer a greater number of persons than will admit of the
provision of three hmtdred cubic feet of free air space for each
person of an age exceeding ten years, and of one hundred and
fifty cubic feet of free air space for each person of an age not
exceeding ten years to occupy, at any one time, as a sleeping
apartment, a room which is used exclusively for that purpose,
and which has been let to such lodger.

- d. — A lodger in a lodging-house shall not knowingly cause
or suffer a greater number of persons than will admit of the
provision of four himdred cubic feet of free air space for each
person of an age exceeding ten years, and of two hundred cubic
feet of free air space for each person of an age not exceeding
ten years to occupy, at any one time, as a sleeping apartment,
a room which is not used exclusively for that purpose, and
which has been let to such lodger.

/ 7. — The landlord of a lodging-house, within a period of
■ after he shall have been required by a

notice in writing, signed by the clerk to the sanitary authority,
and duly served upon or delivered to such landlord, to supply
the information necessary for the registration of such house

Appendix.

309

by the sanitary authority, shall, personally or by his agent
duly authorized in that behalf, attend at the ofifice of the
ssnitary authority during ofifice hours, and then and there
furnish and sign a true statement of the following particulars
with respect to such house ; that is to say —

(a.) The total number of rooms in the house :

(^.) The total number of rooms let in lodgings or occu-
pied by members of more than one family :

(r.) The manner of use of each room :

(^.) The number, age, and sex of the occupants of each
room used for sleeping :

(e.) The Christian name and surname of the lessee of
each room ; and

(/) The amount of rent or charge payable by each
lessee.

8. — In every case where the landlord of a lodging-house
occupies or resides in any part of the premises, or retains a
general possession or control of the premises, such landlord
shall, at all times when required by the medical officer of
health, the inspector of nuisances, or the surveyor of the
sanitary authority, afford any such officer free access to the
interior of the premises for the purpose of inspection.

9. — In every case where the landlord of a lodging-house
does not occupy or reside in any part of the premises or
retain a general possession or control of the premises, every
lodger who is entitled to have or to exercise the control of the
Cuter door of the premises shall, at all times when required
by the medical officer of health, the inspector of nuisances,
or the surveyor of the sanitary authority, afford any such
officer free access to the interior of the premises for the pur-
pose of inspection.

10. — Every lodger in a lodging-house shall, at all times
when required by the medical officer of health, the inspector
of nuisances, or the surveyor of the sanitary authority, afford
^ny such officer free access for the purpose of inspection to
the interior of any room or rooms which may have been let to
Such lodger.

' II. — In every case where the medical officer of health, the
inspector of nuisances, or the surveyor of the sanitary autho-
rity has, for the purpose of inspection, obtained access to the
interior of a lodging-house or to the interior of any room or
rooms in such house, a person shall not wilfully obstruct any
such officer in the inspection of any part of the premises, or,
tvithout reasonable excuse, neglect or refuse, when; required
by any such officer, to render to him such assistance as may
be reasonably necessary for the purpose of such inspection.

12. — The landlord of a lodging-house shall provide privy
accommodation for such house by means of a water-closet or
water-closets, an earth-closet or earth-closets, or a privy or
privies.

310

Appendix.

He shall provide such accommodation so that the number
of water-closets, earth-closets, or privies in relation to the
greatest number of persons who, subject to the restrictions
imposed by any bye-law in that behalf, may, at any one time,
occupy rooms in the house as sleeping apartments, shall be in
the proportion of not less than one water-closet, earth-closet,
or privy to every twelve persons.

13. — In every case where, for the purpose of providing
privy accommodation for a lodging-house in pursuance of
the requirements of any bye-law in that behalf, the construc-
tion of a new water-closet is necessary, and where such con-
struction, so far as regards the several details herein-after
specified, is not already the subject of regulation by any
statute or bye-law in force within the district, the landlord
shall construct such water-closet in accordance with the follow-
ing rules : —

(i.) If the water-closet is intended to be within the house,
he shall construct such water-closet in such a posi-
tion that one of its sides at the least shall be an
external wall :

(ii.) He shall construct in one of the walls of the water-
closet, whether the situation of such water-closet is
or is not within the house, a window of not less
dimensions than two feet by one foot, exclusive of
the frame, and opening directly into the external
air :

He shall, in addition to such window, cause the
water-closet to be provided with adequate means of
constant ventilation by at least one air-brick built in
an external wall of such water-closet, or by an air-
shaft, or by some other effectual method or
appliance :

(iii.) He shall furnish the water-closet with a separate
cistern, or flushing box of adequate capacity, which
shall be so constructed, fitted, and placed as to
admit of the supply of water for use in such water-
closet without any direct connexion between any
service pipe upon the premises and any part of the
apparatus of such water-closet, other than such
cistern or flushing box :

He shall furnish the water-closet with a suitable
apparatus for the effectual application of water to
any pan, basin, or other receptacle with which such
apparatus may be connected and used, and for the
effectual flushing and cleansing of such pan, basin,
or other receptacle, and for the prompt and effectual
removal therefrom of any solid or liquid filth
which may from time to time be deposited therein. ;

He shall furnish the water-closet with a pan,
basin, or other suitable receptacle of non-absorbent

Appendix.

311

material, and of such shape, of such capacity, and
of such mode of construction as to receive and
contain a sufficient quantity of water, and to allow
all filth which may from time to time be deposited
in such pan, basin, or receptacle to fall free of the
sides thereof, and directly into the water received
and contained in such pan, basin, or receptacle :

He shall not construct or fix under such pan,
basin, or receptacle, any " container " or other similar
fitting :

He shall not construct or fix in or in connexion
with the water-closet apparatus any trap of the kind
known as a " D trap."

14. In every case where, for the purpose of providing privy
accommodation for a lodging-house in pursuance of the require-
ments of any bye-law in that behalf, the construction of a new
earth-closet is necessary, and where such construction, so far as
regards the several details herein-after specified, is not already
the subject of regulation by any statute or bye-law in force
within the district, the landlord shall construct such earth-
closet in accordance with the following rules : — "

(i.) If the earth-closet is intended to be within the house,
he shall construct such earth-closet in such a posi-
tion that one of its sides at the least shall be an
external wall :

(ii.) He shall construct in one of the walls of the earth-
closet, whether the situation of such earth-closet is or
is not within the house, a window of not less
dimensions than tivo feet by one foot^ exclusive of
the frame, and opening directly into the external
air :

He shall, in addition to such window, cause the
earth-closet to be provided with adequate means of
constant ventilation by at least one air-brick built in
an external wall of such earth-closet, or by an air-
shaft, or by some other effectual method or
appliance :

(iii.) He shall furnish the earth-closet with a reservoir or
receptacle of suitable construction and of adequate
capacity for dry earth or some other deodorizing
substance, and he shall construct and fix such reser-
voir or receptacle in such a manner and in such a
position as to admit of ready access to such reser-
voir or receptacle for the purpose of depositing
therein the necessary supply of dry earth or other
deodorizing substance :

He shall construct or fix, in connection with such
reservoir or receptacle, suitable means or apparatus
for the frequent and effectual application of a

Appendix.

sufficient quantity of dry earth or other deodorizing
substance to any filth which may from time to time
be deposited in any pan, pit, or other receptacle for
filth constructed, fitted, or used in or in connexion
with such earth-closet :

(iv.) If he provides in or in connexion with the earth-
closet a fixed receptacle for filth, he shall construct
or fix such receptacle in such a manner and in such
a position as to admit of the frequent and effectual
application of a sufficient quantity of dry earth or
other deodorizing substance to any filth which may
from time to time be deposited in such receptacle
and in such a manner and in such a position as to
admit of ready access to such receptacle for the pur-
pose of removing the contents thereof. He shall
not construct such receptacle of a capacity greater
than may be sufficient to contain such filth and dry
earth or other deodorizing substance as may be
deposited therein during a period not exceeding
three months^ or in any case of a capacity exceeding
forty cubic feet. He shall construct such receptacle
of such material or materials, and in such a manner
as to prevent any absorption by any part of such
receptacle of any filth deposited therein, or any
escape, by leakage or otherwise, of any part of the
contents of such receptacle. He shall construct or
fix such receptacle so that the bottom or floor there-
of shall be at least three inches above the level of
the surface of the ground immediately adjoining the
earth-closet, and so that the contents of such
receptacle may not at any time be exposed to any
rainfall, or to the drainage of any waste water or
liquid refuse from any adjoining premises :

(v.) If he provides in or in connexion with the earth-
closet a movable receptacle for filth, he shall con-
struct such earth-closet so that the position and
mode of fitting of such receptacle may admit of
the frequent and effectual application of a sufficient
quantity of dry earth or other deodorizing substance
to any filth which may from time to time be
deposited in such receptacle, and may also admit of
ready access to that part of the earth-closet in which
such receptacle may be placed or fitted, and of the
convenient removal of such receptacle or of the
contents thereof. He shall also construct such
earth-closet so that the contents of such receptacle
may not at any time be exposed to any rainfall, or to
the drainage of any waste water or liquid refuse from
any adjoining premises.

Appendix.

313

15. — In every case where, for the purpose of providing
privy accommodation for a lodging-house in pursuance of the
requirements of any bye-law in that behalf, the construction of
a new privy is necessary, and where such construction, so far
as regards the several details herein-after specified, is not
already the subject of regulation by any statute or bye-law in
force within the district, the landlord shall construct such privy
in accordance with the following rules : —

(i.) He shall construct the privy at a distance of six feet
at the least from a dwelling-house or public building,
or any building in which any person may be or may
be intended to be employed in any manufacture,
trade, or business :

(ii.) He shall not construct the privy within the distance
of thirty feet from any well, spring, or stream of
water used or likely to be used by man for drinking
or domestic purposes, or for manufacturing drinks
for the use of man, or otherwise in such a position
as to render any such water liable to pollution :

(iii.) He shall construct the privy in such a manner and in
such a position as to afford ready means of access to
such privy for the purpose of cleansing such privy
and of removing filth therefrom, and in such a
manner and in such a position as to admit of all
filth being removed from such privy, and from the
premises to which such privy may belong, without
being carried through any dwelling-house or public
building or any building in which any person may
be or may be intended to be employed in any manu-
facture, trade, or business :

(iv.) He shall provide the privy with a sufficient opening
for ventilation, as near to the top as practicable, and
communicating directly with the external air :
He shall cause the floor of the privy to be flagged or
paved with hard tiles or other non-absorbent material,
and he shall construct such floor so that it shall be
in every part thereof at a height of not less than six
inches above the level of the surface of the ground
adjoining such privy, and so that such floor shall
have a fall or inclination towards the door of such
privy of halfan-i7tch to the foot :

(v.) If the privy is constructed for use in combination
with a fixed receptacle for filth, he shall construct or
fix in or in connexion with the privy suitable means
or apparatus for the frequent and effectual applica-
tion of ashes, dust, or dry refuse to any filth which
may from time to time be deposited in such re-
ceptacle. He shall construct such receptacle so that
the contents thereof may not at any time be exposed

314

Appendix.

to any rainfall, or the drainage of any waste water
or liquid refuse from any adjoining premises. He
shall construct such receptacle of such material or
materials and in such a manner as to prevent any
absorption by any part of such receptacle of any
filth deposited therein, or any escape, by leakage or
otherwise, of any part of the contents of such re-
ceptacle. He shall construct such receptacle so
that the bottom or floor thereof shall be in every
part at least three inches above the level of the
surface of the ground adjoining the privy. He shall
not in any case construct such receptacle of a
capacity exceeding eight cubic feet. He shall con-
struct the seat of the privy so that the whole of such
seat, or a sufficient part thereof, may be readily re-
moved or adjusted in such a manner as to afford
adequate access to such receptacle for the purpose of
removing the contents thereof, and of cleansing such
receptacle, or shall otherwise provide in or in con-
nexion with the privy adequate means of access to
such receptacle for the purpose aforesaid :

(vi.) If the privy is constructed for use in combination
with a movable receptacle for filth, he shall con-
struct over the whole area of the space immediately
beneath the seat of the privy, a flagged or asphalted
floor, at a height not less than three inches above the
level of the surface of the ground adjoining the
privy ; and he shall cause the whole extent of each
side of such space between the floor and the seat to
be constrticted of flagging, slate, or good brickwork,
at least nine inches thick, and rendered in good
cement or asphalted. He shall construct the seat of
the privy, the aperture in such seat, and the space
beneath such seat, of such dimensions as to admit
of a movable receptacle for filth of a capacity not
exceeding two cubic feet being placed and fitted
beneath such seat in such a manner and in such a
position as may effectually prevent the deposit upon
the floor or sides of the space beneath such seat, or
elsewhere than in such receptacle, of any filth which
may from time to time fall or be cast through the
aperture in such seat. He shall construct the seat
of the privy so that the whole of such seat, or a
sufficient part thereof, may be readily removed or
adjusted in such a manner as to afford adequate
access to the space beneath such seat for the purpose
of cleansing such space, or of removing therefrom
or placing and fitting therein the appropriate re-
ceptacle for filth :

(vii.) He shall not cause or suffer any part of the space

Appendix.

315

under the seat of the privy, or any part of any
receptacle for filth in or in connexion with the privy,
to communicate with any drain.

16. — In every case where a lodger in a lodging-house is
entitled to the exclusive use of any court, courtyard, area, or
other open space within the curtilage of the premises, such
lodger shall cause such court, courtyard, area, or other open
space to be thoroughly cleansed from time to time as often as
may be requisite for the purpose of keeping the same in a clean
and wholesome condition.

17. — In every case where two or more lodgers in a lodging-
house are entitled to the use in common of any court, court-
yard, area, or other open space within the curtilage of the
premises, the landlord shall cause such court, courtyard, area,
or other open space to be thoroughly cleansed from time to
time as often as may be requisite for the purpose of keeping
the same in a clean and wholesome condition.

18. — The landlord of a lodging-house shall cause every part
of the structure of every water-closet belonging to such house
to be maintained at all times in good order, and every part of
the apparatus of such water-closet, and every drain or means
of drainage with which such water-closet may communicate
to be maintained at all times in good order and efficient
action.

19. — The landlord of a lodging-house shall cause every
part of the structure of every earth-closet or privy belonging
to such house, and every receptacle for filth provided or used
in or in connexion with such earth-closet or privy to be main-
tained at all times in good order.

He shall cause all such means or apparatus as may be pro-
vided or used, in or in connexion with such earth-closet or
privy and such receptacle, for the frequent and effectual appli-
cation of dry earth or of any other deodorizing substance to
any filth deposited in such receptacle to be maintained at all
times in good order.

20. — In every case where a lodger in a lodging-house is
entitled to the exclusive use of any water-closet, earth-closet,
or privy belonging to such house, such lodger shall cause the
pan, seat, floor, and walls of such water-closet, and the seat,
floor, and walls of such earth-closet or privy to be thoroughly
cleansed from time to time as often as may be necessary for
the purpose of keeping such pan, seat, floor, and walls in a
clean and wholesome condition.

21. — In every case where two or more lodgers in a lodging-
house are entitled to the use in common of any water-closet,
earth-closet, or privy belonging to such house, the landlord
shall cause the pan, seat, floor, and walls of such water-closet,
and the seat, floor, and walls of such earth-closet or privy to be
thoroughly cleansed from time to time as often as may be

3i6

Appendix.

necessary for the purpose of keeping such pan, seat, floor, and
walls in a clean and wholesome condition.

2 2. — In every case where a lodger in a lodging-house is
entitled to the exclusive use of any earth-closet or privy be-
longing to such house, such lodger shall cause every receptacle
for filth provided or used in or in connexion with such earth-
closet or privy to be maintained at all times in a wholesome
condition.

He shall cause a sufficient supply of dry earth or of some
other deodorizing substance to be from time to time provided
for use in such earth-closet, privy, or receptacle for filth, and
shall cause such dry earth or other deodorizing substance to
be frequently and effectually applied to such filth, or he shall
cause such dry earth or other deodorizing substance as may
from time to time be supplied to such house, in pursuance of
the statutory provision in that behalf, by the sanitary authority
or by any person with whom they may contract for the pur-
pose, to be frequently and effectually applied to such filth.

23. — In every case where two or more lodgers in a lodging-
house are entitled to the use in common of any earth-closet oi*
privy belonging to such house, the landlord shall cause every
receptacle for filth provided or used in or in connexion with
such earth-closet or privy to be maintained at all times in a
wholesome condition.

He shall cause a sufficient supply of dry earth or of some
other deodorizing substance to be from time to time provided
for use in such earth-closet, privy, or receptacle for filth, and
shall cause such dry earth or other deodorizing substance to be
frequently and effectually applied to such filth, or he shall
cause such dry earth or other deodorizing substance as may
from time to time be supplied to such house, in pursuance of
the statutory provision in that behalf, by the sanitary authority
or by any person with whom they may contract for the pur-
pose, to be frequently and effectually applied to such filth.

24. — The landlord of a lodging-house shall cause every
part of the structure of every ashpit belonging to such house
to be maintained at all times in good order.

25. — In every case where a lodger in a lodging-house is
entitled to the exclusive use of any ashpit belonging to such
house, such lodger shall cause such ashpit to be kept at all times
in a wholesome condition.

26. — In every case where two or more lodgers in a lodging-
house are entitled to the use in common of any ashpit belong-
ing to such house, the landlord shall cause such ashpit to be
kept at all times in a wholesome condition.

27. — lodger in a lodging-house, or an occupant of any
room therein, shall not throw any filth or wet refuse into any
ashpit belonging to such house and constructed and adapted
for use only as a receptacle for ashes, dust, and dry refuse.

28. — Every lodger in a lodging-house shall cause the floor

Appendix.

317

of every room which has been let to him to be thoroughly
swept once at least in every day^ and to be thoroughly washed
once at least in every week.

29. — Every lodger in a lodging-house shall cause every win-
dow, every fixture or fitting of wood, stone, or metal, and
every painted surface in every room which has been let to him
to be thoroughly cleansed from time to time as often as may
be requisite.

30. — Every lodger in a lodging-house shall cause all solid or
liquid filth or refuse to be removed once at least in every day
from every room which has been let to him, and shall once at
least in every day cause every vessel, utensil, or other re-
ceptacle for such filth or refuse to be thoroughly cleansed.

31. — In every case where a lodger in a lodging-house is
entitled to the exclusive use of any staircase, landing, or
passage in such house, such lodger shall cause every part of
such staircase, landing or passage to be thoroughly cleansed
from time to time as often as may be requisite.

32. — In every case where two or more lodgers in a lodging-
house are entitled to the use in common of any staircase,
landing, or passage in such house, the landlord shall cause
every part of such staircase, landing or passage to be
thoroughly cleansed from time to time as often as may be
requisite.

33. — A lodger in a lodging-house shall not cause or suffer
any animal to be kept in any room which has been let to such
lodger, or elsewhere upon the premises in such a manner as to
render the condition of such room or premises filthy or
unwholesome.

34. — In every case where a lodger in a lodging-house is
entitled to the exclusive use of any cistern or other receptacle
for the storage of water supplied to the premises, such lodger
shall cause every part of the interior of such cistern or recep-
tacle to be thoroughly cleansed from time to time as often as
may be requisite for the purpose of keeping the same in a clean
and wholesome condition.

35. — In every case where two or more lodgers in a lodging-
house are entitled to the use in common of any cistern or
other receptacle for the storage of water supplied to the
premises, the landlord shall cause every part of the interior of
such cistern or receptacle to be thoroughly cleansed from time
to time as often as may be requisite for the purpose of keeping
the same in a clean and wholesome condition.

36. — The landlord of a lodging-house shall cause all such
means of ventilation as may be provided in or in connexion
with any room or passage in such house and in or in con-
nexion with any water-closet, earth-closet, or privy belonging
to such house to be maintained at all times in good order.

37. — The landlord of a lodging-house shall, in the first week

3i8

Appendix.

of the month of in every year, cause every part

of the premises to be cleansed.

He shall, at the same time, except in such cases as are
herein-after specified, cause every area, the interior surface of
every ceiling and wall of every water-closet, earth-closet, or
privy belonging to the premises, and the interior surface of
every ceiling and wall of every room, staircase, and passage in
the house to be thoroughly washed with hot lime-wash :

Provided that the foregoing requirement with respect to the
lime-washing of the internal surface of the walls of rooms,
staircases, and passages shall not apply in any case where the
internal surface of any such wall is painted, or where the
material of or with which such surface is constructed or
covered is such as to render the lime-washing thereof unsuit-
able or inexpedient, and where such surface is thoroughly
cleansed, and the paint or other covering is renewed, if the
renewal thereof be necessary for the purpose of keeping the
premises in a cleanly and wholesome condition.

38. — The landlord of a lodging-house shall cause every
court and courtyard thereof to be properly paved with a hard,
durable, and impervious pavement, evenly and closely laid
upon a sufficient bed of good concrete and sloped to a
properly constructed channel leading to a trapped gully
grating, which shall be so constructed and placed as effectually
to carry off all rain or waste water from such court or court-
yard.

He shall cause such pavement, channel, and grating to be
kept at all times in good order and in proper repair.

39. — Every lodger in a lodging-house shall, except in such
cases as are herein-after specified, cause every window of every
room which has been let to him, and which is used as a sleep-
ing apartment, to be opened and to be kept fully open for one
hour at least in the forenoon and for one hour at least in the
afternoon of every day :

Provided that such lodger shall not be required, in pur-
suance of this bye-law, to cause any such window to be opened
or to be kept open at any time when the state of the weather
is such as to render it necessary that the window should be
closed, or when any bed in any such room may be occupied
by any person in consequence of sickness or of some other
sufficient cause.

40. — The landlord of a lodging-house, immediately after he
shall have been informed, or shall have ascertained that any
person in such house is ill of an infectious disease, shall give
written notice thereof to the medical officer of health of the
sanitary authority.

41. — In every case where a lodger in a lodging-house has
been informed, or has ascertained, or has reasonable grounds
for believing that an occupant of any room which has been let
to such lodger is ill of an infectious disease, such lodger shall

Appendix.

319

forthwith give written notice thereof to the landlord and to the
medical officer of health of the sanitary authority, and verbal
or written notice thereof to every other lodger in such house.

42. — In every case where, jn pursuance of the statutory pro-
vision in that behalf, an order of a justice has been obtained
for the removal from a lodging-house to a hospital, or other
place for the reception of the sick, of a person who is suffering
from any dangerous infectious disorder and is without proper
lodging or accommodation, or lodged in a room occupied by
more than one family, the landlord of such house, and the
lodger to whom any room whereof such person may be an
occupant has been let shall, on being informed of such order,
forthwith take all such steps as may be requisite on the part
of such landlord and of such lodger, respectively, to secure
the safe and prompt removal of such person in compliance
with such order, and shall, in and about such removal, adopt
all such precautions as, in accordance with any instructions
which such landlord and such lodger, respectively, may
receive from the medical officer of health of the sanitary
authority, may be most suitable for the circumstances of the
case.

Penalties.

43. — Every person who shall offend against any of the fore-
going bye-laws shall be liable for every such offence to a
penalty of

and in the case of a continuing offence to a further penalty of

for each day after
written notice of the offence from the sanitary authority :

Provided nevertheless, that the justices or court before whom
any complaint may be made or any proceedings may be taken
in respect of any such offence may, if they think fit, adjudge
the payment, as a penalty, of any sum less than the full amount
of the penalty imposed by this bye-law.

MODEL BYE-LAWS ISSUED BY THE LOCAL
GOVERNMENT BOARD FOR THE USE OF
SANITARY AUTHORITIES.

XV. — Mortuaries.
MEMORANDUM.

By section 141 of the Public Health Act, 1875 (s^ ^ 39
Vict. c. 55), it is enacted as follows : —

"Any local authority may, and if required by the Local
Government Board shall, provide and fit up a proper place for
the reception of dead bodies before interment (in this Act
called a mortuary), and may make bye-laws with respect to the
management, and charges for use of the same ; they may alsa

Y 2

320

Appendix.

provide for the decent and economical interment, at charges
to be fixed by such bye-laws, of any dead body which may be
received into a mortuary."

The next section (142) is in these terms : —

" Where the body of one who has died of any infectious
disease is retained in a room in which persons live or sleep, or
any dead body which is in such a state as to endanger the
health of the inmates of the same house or room is retained in
such house or room, any justice may, on a certificate signed
by a legally qualified medical practitioner, order the body to
be removed, at the cost of the local authority, to any mortuary
provided by such authority, and direct the same to be buried
-within a time to be limited in such order ; and unless the
friends or relations of the deceased undertake to bury the body
within the time so limited, and do bury the same, it shall be
the duty of the relieving officer to bury such body at the ex-
pense of the poor rate, but any expense so incurred may be
recovered by the relieving officer in a summary manner from
any person legally liable to pay the expense of such burial."

" Any person obstructing the execution of an order made by
a justice under this section shall be liable to a penalty not
exceeding five pounds."

With regard to the enactments above cited, it is to be
observed that they are intended to meet the requirements of
all cases in which a mortuary is used, whether voluntarily or
•compulsorily. It is, however, chiefly in relation to those cases
where the mortuary is used otherwise than in pursuance of an
order of a justice under section 142, that it is important to
consider to what extent sanitary authorities should avail them-
selves of their power of making bye-laws, and also by what
other means they may provide for the efficient management of
the mortuary, and for the removal and reception of the dead
^ith least danger to the living.

It cannot be doubted that, apart from such cases as would
■come within the operation of section 142, there are many
instances in which manifest benefit would result from the use
of the mortuary for the reception of the dead during the period
preceding burial. In the interests of the public health, it is
clearly desirable that those who might otherwise seek per-
mission to remove a corpse to the mortuary should not be
•deterred by regulations of undue stringency, or by any apparent
disregard of care and decency in the internal arrangements or
management of the building.

It is quite possible that at some future time, when the volun-
tary use of mortuaries may have become more general than at
present, sanitary authorities may find it expedient to exercise
more fully their power of making bye-laws under section 141.
Under existing circumstances, however, it appears to the board
that sanitary authorities may be advised to rely upon good ad-
ministrative arrangements rather than upon bye-laws for the

Appendix.

321

proper management of their mortuaries. For certain purposes
bye-laws will doubtless be necessary in most districts for which
mortuaries have been provided. To such purposes the clauses
comprised in the accompanying model series of bye-laws have
reference.

The first and second of these clauses are designed to secure
the removal of the corpse for burial within a specified period.
The third and fourth clauses are intended for the prevention
of misbehaviour. The fifth clause has been framed with the
view of requiring undertakers to convey empty shells from the
premises without delay.

With regard to the first and second clauses, it may be well
to point out that bye-laws in these terms will not be operative
in any case where a corpse has been removed to the mortuary
in pursuance of a justice's order under section 142. In such
a case, the limitation of the time within which the corpse is to
be buried is a matter for which the justice is expressly
authorized to give the necessary direction.

in other cases, however, it is important that the sanitary
authority should have the power of enforcing the removal of
corpses after a sufficient interval. Ordinarily, it may be
assumed that there will be no difficulty in securing compliance
with the requirements of this bye-law. The person who has
obtained permission to use the mortuary for the reception of
the corpse will, in the majority of instances, be in a position to
provide for its removal within the prescribed time. But it
may be well to draw attention to the fact that the provision in
section 142, which requires the relieving officer, in default of
the friends or relations of the deceased, to bury at the expense
of the poor rate, is confined to cases where the removal of
the body to the mortuary has been ordered by a justice
and he has directed the burial to take place within a limited
time.

With reference to other cases, it is to be observed that,
although the 7 & 8 Vict. c. loi, s. 31, empowers the board
of guardians to bury, at the cost of the poor rate, the body of
any poor person which may be within their parish or union,
there is no obligation upon them to incur this expense unless
the body is lying in the workhouse or on premises belonging
to the guardians. If, therefore, the body of a poor person has
been received in the mortuary it by no means follows that the
guardians or their duly authorized officer could be rendered
responsible for the observance of the bye-law prescribing the
period within which the body must be removed. It is
possible that cases may occur where this responsibility may
attach to the guardians or their officer in consequence of
the directions which they may have given in pursuance of
the enactment above-mentioned, and in all such cases the
guardians or their officer, on being informed of the require-
ments of the bye-laws, would no doubt take steps to ensure

322 Appendix.

compliance with those requirements. Where, however, the
cost of burial is only partially defrayed out of the poor rates,
the sanitary authority, in dealing with an application for per-
mission to use the mortuary, may sometimes find it necessary
to ascertain that the applicant is, either voluntarily or by
obligation, in a position to control the arrangements with
regard to the burial, and may therefore, in the event of per-
mission to use the mortuary being granted at his request, be
held liable for neglect to comply with the bye-law limiting the
time within which the body should be removed. But, upon
the whole, it may be reasonably expected that the instances in
which the sanitary authority may deem it incumbent upon
them to enforce the bye-laws as to the removal of bodies will
be extremely rare.

The sanitary authority will probably find that the practical
questions requiring consideration in connection with any
mortuary which they may provide will chiefly relate to (i) the
selection of a suitable site and structure, and (2) the adoption
of such administrative arrangements as will best serve the
purpose of inducing persons to avail themselves of the
facilities afforded by the mortuary for the safe and decent
keeping of the dead during the interval before interment.

Upon these points, the Board have to offer the following
suggestions.

I. As to site and structure.

In the choice of a site, care should be taken to ensure that
the buildings to be erected thereon shall, as far as practicable,
be isolated and unobtrusive. It may, indeed, be desirable to
place the buildings on the site in such a position and manner
as to admit of their being concealed from public view until
the entrance gate to the premises has been passed.

The buildings should be substantial structures of brick or
stone. In their external appearance attention should be paid
to such architectural features as may serve to convey the im-
pression of due respect for the dead.

Every chamber intended for the reception of corpses should
be on the ground or basement floor.

In addition to such chambers, the premises should, if
possible, comprise :

{a.) A waiting-room for visitors to the mortuary and for
the use of mourners assembling there for funeral purposes ;

{b.) A caretaker's dwelling-house ; and
.(<:.) A shed or outhouse for the keeping of shells or other
necessary appliances.

For these and other structural arrangements provision may
be made in the manner indicated in the plan.

In the construction of each chamber intended for the recep-

Appendix.

323

tion of the dead, care should be taken to ensure convenience,
decency, cleanHness, and coolness.

The chamber should be lofty and the area of its floor
sufficient to allow freedom of movement between the slabs or
tables on which the dead are to be placed.

There should be a ceiling to the chamber, or, if it be open
to the roof, there should be a double roof with a space of
8 inches at least between the outer and inner covering or with
the addttion of an intervening layer of felt.

Louvres or air-gratings under the eaves will be the best
means of ventilation.

The chamber should, if practicable, be lighted by windows
on the north side. If it is necessary to place windows on the
south, east, or west sides, external louvre blinds should be
provided for the windows.

The floor should be paved evenly and closely. The material
tised may be stone or slate ; but a uniform cement floor is
preferable.

Water should be laid on so as to be drawn from a tap within
the chamber.

Shelves which may be conveniently placed around the
interior of the chamber, and tables which may occupy any
part of its area should preferably be made of slate slabs. If
stone is used it should be smoothed on the upper surface and
free edges.

The shelves and tables should be placed so that their upper
surfaces may be at a height of 2^ feet or of not more than
3 feet above the floor.

The ceiling and the internal surface of the walls should
be whitewashed. The outside of the roof should also be
whitened.

The entrance to the chamber should be direct, without the
intervention of any passage.

The number of chambers should be at least two, so that
one may be appropriated exclusively for the bodies of persons
who have died of infectious disease, and the other for the
bodies of persons whose death has been due to other causes.
It may be expedient to place these chambers as far apart as
may be practicable, so that persons visiting the chamber
used for the reception of the bodies of those who have
died of non-infectious disease may have no reason to fear
infection.

2. As to adminisiratwe arrangements.

No obstacle or difficulty should be placed in the way of
receiving a body at any hour of the day or night. To obviate
unnecessary applications for reception at night, it will probably
be found sufficient to affix to the entrance gate a notice
requesting persons to abstain, except in cases of emergency,
from applying for the admission of bodies during certain
specified hours of the night.

324

Appendix.

A caretaker should reside upon the premises, and his duties
should comprise the general management of the mortuary, the
maintenance of cleanliness, decency, and good order, and the
keeping of such books or registers as the regulations of the
sanitary authority may prescribe.

It will probably be found expedient to require the care-
taker, in the case of each corpse received upon the premises,
to ascertain and record the following particulars, namely :

(a.) Christian name and surname of the deceased ;

(d.) Sex;

(c.) Age;

(d.) Cause of death ;

(e.) Number of house and name of street or other descrip-
tion of the place whence the body has been brought to the
mortuary ;

(/) Name and address of the person by whose order the
body has been brought to the mortuary ; and

(g.) Date of the removal of the body for burial.

It should, however, be clearly understood by the caretaker,
that he would not be justified in refusing to admit a corpse on
the ground that these particulars cannot be given at the time
when the application for admission is made to him.

A sufficient number of shells of different sizes should be
kept at the mortuary in charge of the caretaker, and he
should be empowered to lend them to undertakers or other
responsible persons for the conveyance of bodies to the
mortuary.

The shjells when not in use should be kept in a shed or
other suitable place

Each shell should be constructed of strong wood, painted
externally. The interior of the shell and the inner surface of
its cover should be lined with tinned copper.

Each shell after being used and before being deposited in
the shed or other place for storage should be thoroughly
cleansed by the caretaker.

No dead body should be received upon the premises unless
it is enclosed in a shell or coffin.

John Lambert,

Secretary.

Local Government Board,
2^th July^ 1882.

BYE-LAWS WITH RESPECT TO THE MANAGE-
MENT OF A MORTUARY.

I. — Every person who, in pursuance of permission obtained
from the sanitary authority, has caused the body of one who
has died of an infectious disease to be deposited in the

Appendix.

325

mortuary shall cause the body to be removed therefrom for
the purpose of interment within a period of days from

the date of death.

2. — Every person who, in pursuance of permission obtained
from the sanitary authority, has caused the body of one who
has died of a non-infectious disease to be deposited in the
mortuary shall cause the body to be removed therefrom for
the purpose of interment within a period of days from
the date of death.

3. — Every person for the time being employed in depositing
a body in the mortuary, or in removing a body therefrom,
shall, while so employed, conduct himself in all respects with
decency and propriety.

4. — Every person who, being a friend or relative of one
whose body has been deposited in the mortuary, has been
admitted to view the body shall, while on the premises, con-
duct himself in all respects with decency and propriety.

5. — Every person who, for the purpose of depositing a body
in the mortuary, uses a shell which has not been provided by
the sanitary authority shall, in every case where the body is
transferred from the shell before being carried from the pre-
mises to the place of burial, cause the shell, as soon as con-
veniently may be after the transfer of the body therefrom, to
be removed from the premises.

6. — Every person who shall offend against any of the fore-
going bye-laws shall be liable for every such offence to a
penalty of , and in the case of a continuing
offence to a further penalty of for each day after
written notice of the offence from the sanitary authority :

Provided nevertheless, that the justices or court before
whom any complaint may be made or any proceedings may be
taken in respect of any such offence may, if they think fit,
adjudge the payment, as a penalty, of any sum less than the
full amount of the penalty imposed by this bye-law.

INDEX.

ABATEMENT,

of nuisance, sanitary authority to direct officers as to, 14.

of nuisance, person to be notified by written intimation, 14.

of nuisance from overcrowding, by sanitary authority, on certificate

of medical officer of health, 1 5.
of nuisance, sanitary authority may enter premises for, 21,
cost of, paid by sanitary authority, 25.
cost of, recovered by sanitary authority, 25.
damages for, paid by sanitary authority, 25.
anything removed in, sanitary authority may sell, 27.
of nuisance caused by two or more persons, 1 78,
order, nuisance order, may be, 21.
order may require compliance with requisitions, 21.
order may require abatement within time specified, 21.
order may require works to be executed, 21.

ACCOMMODATION,

of sanitary conveniences in factories and workshops, 72.
for inquests, county council must provide, 135.
for inquests may be maintained in connection with mortuary, 135.
for inquests may be maintained in connection with building for post-
mortem examination, 135.

ACCOUNT,

Exchequer Contribution, county council must pay half of medical
officer's salary out of, 162.

ACCOUNTS,

of county council, auditor of, may surcharge member, 184.
of sanitary authority, auditor of, may surcharge member, 184.

ACCUMULATION,

when nuisances dealt with summarily, 2, 6.

when necessary for business, when not permissible, 3.

ACT,

provisions of, duty of sanitary authority to enforce, i. •

execution of, payment of expenses of, 33, 64.

execution of, fines paid to sanitary authority in aid of expenses, 177.
not applicable to slaughter of cattle at Deptford markets, 43.
contravention of, sanitary authority may enter and examine, 46.
requiring occupier or owner to cleanse footway and watercourses
repealed, 60.

securities given under repealed Act valid as if given under, 209.
orders and bye-laws, &c. made or issued under repealed Act valid as.
if issued under, 209. / >

328

Index.

ACT — continued,

penalties under order, &c, under repealed Act recoverable as if
under, 209.

time and conditions of repeal of enactments expressed in Fourth
Schedule to, 209.

officers appointed under repealed enactment subject as existing
officers to, 209.

substitation of, for repealed provisions in orders, enactments, &c. , 209.
commencement of, 211.
short title of, 214.

does not prevent medical officer appointed before Act from being

district medical officer of union. 139.
forms to be issued for purposes of, 191.
extends generally only to London, 192.
entends beyond London, when, 192.
application of, to city of London, modifications of, 193.
appeal under, none from commissioners of sewers to County council,

193.

bye-laws under, made by county council shall not extend to City, 193.
not to affect power of Conservators of the Thames, 199.
powers, &c., given by, in addition to powers conferred otherwise, 200.
qualification of, as to medical officer appointed before Act, 200.
qualification of, as to inspector of nuisances appointed before Act, 200.
does not apply to qualification of medical officer appointed before
January ist, 1892, 139 (2).

ACTION,

for beach of contract, dairyman exempt from, when, 117.

ACTS, "

specified in Fourth Schedule to Act repealed to extent specified in
third column, 208.

ADDRESS,

of owner, occupier refusing to give to sanitary authority liable to
fine, 175.

ADVERTISEMENT,

of extension of number of diseases to be notified, loi.

ALKALI,

mixture of, with olein allowed in soap-boiling, 41.

ALLEY. See Street, 202.

ALLOWANCE,

charitable, admission to hospital not deemed, 125.

ALMS,

admission to hospital not deemed, 125.

ANALYSIS,

of water on complaint of sanitary authority, 97.

ANIMAL,

when nuisance dealt with summarily, 2.
keeping in unfit place, prohibited by Court, 40.
intended for human food, inspection of, 86.

ANIMALS,

in dairy, inspection of, 116.

Index. 329

animal fat,

with alkali, person using in production of soap liable to fine, 41.

ANNUAL REPORT,

of medical officer must be appended to annual report of sanitaxy
authority, 158.

ANY PERSON,

may give information of nuisance, 14.

APPARATUS,

for disinfection, &c., sanitary authority may borrow for provision
of, 157.
APPEAL,

to quarter sessions against nuisance order, 24.

to quarter sessions against nuisance order, stay of proceedings

pending, when, 25.
to quarter sessions when none, 25, 92, 187.
from sanitary authority under s. 41 to county council, 76.
from sanitary authority under s. 43 to county council, 79.
to local government board from sanitary authority as to underground

room, 144.

from court of summary jurisdiction to quarter sessions, 185.
to county council against sanitary authority, how conducted, 186, 218.
none from Commissioners of Sewers to county council, 193.
proceedings on, under Summary Jurisdiction Acts, 186.

APPELLANT,

to quarter sessions liable to fine, when, 25.

APPLICANT,

for licence, notice of objection must be served on, 46.

for licence when refused by committee may give seven days* notice to

county council, 46.
for licence may be heard by county council, 46.

APPLICATION,

to carry on offensive trade, county council shall make public, 41.

to carry on offensive trade, county council shall serve sanitary autho-
rity with notice thereof, 41.

to carry on offensive trade, county council shall advertise time and
place for hearing objections, 41.

of Act to city of London, modifications of, 193.

for licence for cowhouses, notice of, served on sanitary authority, 46.

APPOINTMENT,

of medical officer, when may be temporary, 165.
of sanitary inspector, when may be temporary, 165.
of county council to act on default of sanitary authority, 150.
of medical officer, powers of Local Government Board as to, 158.
of extra sanitary inspectors. Local Government Board may direct,
161.

APPORTIONMENT,

of costs and expenses in relation to nuisance, 30.

of expenses between Penge and remainder of Lewisham district, 191.

of costs of nuisances caused by two or more persons, 178.

AREA,

adjoining underground room to be paved, 143.
adjoining underground room to be effectually drained, 143.
requsite, for windows of underground room let or occupied after
Act, 143.

330 Index.

ARREST,

constable may, without warrant, offender against bye-laws, 36.

ARTICLE,

intended for human food, inspection of, 86.
infected, may be destroyed or disinfected, 103.
when disinfected restored to owner, 107.

owner of infected, when destroyed sanitary authority shall com-
pensate, 107.

infected, sanitary authority may borrow for disinfection, &c., of, 157. .

ASHES,

nuisance from, prevention of, 36.
Included in House Refuse, which see^ 203.

ASHPIT,

when nuisance dealt with summarily, 2.
sanitary authority must cleanse, 62.

sanitary authority must give notice of time of cleansing, 62.
houses without proper, unlawful to erect or rebuild, 69.
notice as to, on whom to be served, 69.
county council shall make bye -laws as to, 73.
underground room must have use of, 143.
definition of, 204. %
examination of, lay sanitary authority, 74.

altering, restoring, destroying, powers of sanitary authority as to, 75.
public, sanitary authority may provide and maintain, 80.
public, sanitary authority may let, 84.
public, sanitary authority may make regulations as to, 84.
public, sanitary authority may fix fees for use of, 84.
public, not to be erected in street without consent of sanitary autho-
rity, 85.

public, not to be accessible from street without consent of sanitary

authority, 85.
sanitary authority may borrow for provision, I57«

ASSISTANCE,

medical, sanitary authority may provide for district, 123.

ASYLUM,

authority having management of, may let to metropolitan asylum
managers, 130.

authority having management of, may contract for reception of cholera
patients, 130.

under Metropolitan Poor Act, 1867, consent of Local Government
Board to use of, 130.

ATTENDANCE,

on vessels, poor law medical officer may charge for, 128.

ATTENDANTS,

metropolitan asylums managers may let out for the conveyance ot
infected persons, 124.

AUDITOR,

of county council, accounts may surcharge members, 184.
of sanitary authority, accounts may surcharge members, 184.

AUTHENTICATION,

of notices received by county council, 189.
of notices received by sanitary authority, 189.

Index.

331

AUTHORITY.

having management of hospital, &c., may let to metropolitan asylums
managers, 130.

having management of hospital, &c. may contract for reception of
cholera patients, 130.
See also Sanitary Authority, Riparian Authority, County
Council, Local Authority.

BAKEHOUSE,

non-consumption of smoke by, nuisance under Act, 54.

sanitary condition of, enforced by sanitary authority, 57.

furnace of, to consume smoke, 52.

definition of, 203, 266.

lime-washing, &c., of, 256.

sleeping places near, 256.

regulations as to, 265.

BATH,

public, furnace of, to consume smoke, 52.
BEDDING,

when disinfected restored to owner free of charge, 107.
infected, when destroyed, sanitary authority shall compensate owner
of, 107.

infected, may be destroyed or disinfected, 103.
infected, sanitary authority may require delivery of, 107.

BLOOD-BOILER,

prohibition as to trade of, 41.

BOARD,

district, in Schedule (B) to Metropolis Management Act, 1855, is

sanitary authority, 147.
district, purposes for which it may borrow, 156.
of Health, in parish of Woolwich is sanitary authority, 147.
Woolwich Local, may borrow for purposes of Act, 153.
Woolwich Local, provisions of Public Health Acts extend to, 153.
district, must pay expenses out of general rate, 154.

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Full text of "The Public Health (London) Act, 1891 [electronic resource] : with an introduction notes, and an index"

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